The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 25 April 2024

[M1706/10/71]1

[Amendment to article of union debated; protestation against admission of writers of the signet to the session]

Prayers said.

Rolls called.

Minutes of the last sederunt read.

Then the parliament resumed the consideration of the debate anent the qualification of writers to the signet before they can be named ordinary lords of session, and, after some further debate as to the time they are to serve as writers before they can be capable to be named lords, there were two states of a vote offered, the first in these terms: whether they shall serve 20 years or none; and the second in these terms: whether they are to serve 8 or 10 years. And, after some reasoning which of the two should be the state of the vote, first or second,

[James Hamilton], earl of Abercorn gave in a protest against the first state of the vote in these terms: I protest against the stating the first vote, because which way soever it may be carried, it in my humble opinion elides one of the two votes passed yesterday relating to the additional clause, for if it should be carried that a writer to the signet may be admitted to be an ordinary lord of the session without limiting a reasonable time for qualifying himself by experience as to the practical part of the law, then that seems to be inconsistent with the vote requiring advocates undergoing a five years' probation at the bar. On the other hand if the vote should be carried for a writer's being 20 years in that station before being capable to be named by the sovereign to be an ordinary lord of the session, that seems to be tantamount to an absolute exclusion of writers from the said office. And thereupon he took instruments.

[Amendments to article of union approved; continuation]

Then the vote was put first or second, and it carried second.

Thereafter the vote was put 8 or 10 years, and it carried 10 years.

Then a motion was made for an additional clause in relation to the qualification of writers in these terms: with this provision, that no writer to the signet be capable to be admitted a lord of the session unless he undergo a private and public trial on the civil law before the faculty of advocates and be found by them qualified for the above said office two years before they shall be named to be a lord of the session. And, after reasoning thereon, the vote was stated add the clause or not.

But before voting it was moved that the qualifications made or to be made for capacitating persons to be named ordinary lords of session shall be alterable by the parliament of Great Britain, and, after debate, it was put to the vote alterable or not, and it carried alterable.

Then the vote was put add the clause in relation to the qualification of writers or not, and it carried add.

Thereafter the second clause of the nineteenth article of union in relation to the courts of justiciary was read and agreed to.

And the third clause in relation to the admiralty was also read and agreed to.

Thereafter the other clauses of the said nineteenth article in relation to the court of exchequer and other courts, and also the remainder of the article, was read and agreed to.

Then the vote was put approve of the nineteenth article as amended or not, and it carried approve.

Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.

[James Ogilvy, earl of] Seafield, chancellor, in the presence of the lords of parliament

  1. NAS. PA3/7, Printed Minutes No.50, 1 or NAS. PA6/36, 213, f.50-50v.