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132-581: The Court of Session is the highest national court of Scotland in civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union establishing the United Kingdom provided that the court will "remain in all time coming". Cases at first instance are heard in

264-455: A balance of probabilities . In civil cases in the law of the Maldives , the burden of proof requires the plaintiff to convince the court of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action in order to recover. The cost of pursuing civil litigation has sometimes been highlighted as excessive relative to

396-423: A bench of three senators, though more complex or important cases are presided over by five senators. On very rare occasions the whole Inner House has presided over a case. Outer House cases are heard by a single senator sitting as a Lord Ordinary , occasionally with a jury of twelve . The current Lord President is Lord Carloway . In addition to the 35 senators, a number of temporary judges have been appointed to

528-685: A blessed sword and hat symbolising his prayers that James would be strengthened against heresies from across the border. These gifts were delivered by the Pope's messenger while James was at Compiègne in France on 25 February 1537. According to 16th-century writers, his treasurer James Kirkcaldy of Grange tried to persuade James against the persecution of Protestants and to meet Henry VIII at York. James and Henry corresponded about meeting in 1536. Pope Paul III advised James against travelling to England, and sent an envoy or nuncio to Scotland to discuss

660-740: A Session would be held periodically to hear appeals and decide cases. It came to be known as the Auld Session and sat three times a year, comprising the Lord Chancellor and "certain discreet persons of the Three Estates " as the Lords of Session. The Sessions had universal jurisdiction to hear disputes formerly arguable to the king's Council. According to the Stair Memorial Encyclopedia, they were so named because

792-551: A common man, describing himself as the "Gudeman of Ballengeich". ("Gudeman" means "landlord" or "farmer", and "Ballengeich" was the nickname of a road next to Stirling Castle — meaning "windy pass" in Gaelic ). One traditional ballad, The Jolly Beggar , is considered by some to refer to his activities. James was also a keen lute player. In 1562, Sir Thomas Wood reported that James had "a singular good ear and could sing that he had never seen before" ( sight-read ), but his voice

924-679: A compulsory retirement age of 75. Temporary judges can also be appointed. The court is a unitary collegiate court, with all judges other than the Lord President and the Lord Justice Clerk holding the same rank and title— Senator of the College of Justice and also Lord or Lady of Council and Session . There are thirty-four judges, in addition to a number of temporary judges; these temporary judges are typically sheriffs , or advocates in private practice. The judges sit also in

1056-581: A court of appeal . The primary task of the Court of Session is to decide on civil law cases. The court is also the Court of Exchequer for Scotland , a jurisdiction previously held by the Court of Exchequer. (In 1856, the functions of that court were transferred to the Court of Session, and one of the Lords Ordinary sits as Lord Ordinary in Exchequer Causes when hearing cases therein.) This

1188-762: A daughter of Francis I of France as a bride. Yet by the 1520s Francis's two surviving daughters were too frail or too young. In 1528 the Holy Roman Emperor Charles V and the English diplomat Thomas Magnus both raised the possibility of a marriage between the king and his cousin, Princess Mary , while that same year, Margaret of Austria , Charles V's aunt, suggested that James should marry Charles's sister, Mary of Austria . Charles V also proposed James marry his niece, Maria of Portugal . Perhaps to remind Francis I of his obligations, in 1529 James V began negotiations for his marriage elsewhere, sending

1320-535: A funeral cortege, and accompanied by Cardinal Beaton, the Earls of Arran, Argyll, Rothes, Marischal and other nobles. James V was buried on 8 January at Holyrood Abbey , next to his first wife, Madeleine , and his two sons. A stone tomb was erected, on which Andrew Mansioun carved a lion, a crown and an eighteen-foot-long inscription in Roman letters . Alms were distributed to the poor of Edinburgh who had been present at

1452-668: A large army. Summoned for treason , Angus holed himself up in Tantallon Castle until an agreement was reached whereby he was allowed to go into exile in England after surrendering his castles. Pierre de Ronsard saw James in 1537 when the king was twenty-four and summed up his paradoxical appearance: " La douceur et la force illustroient son visage Si que Venus et Mars en avoient fait partage " – His royal bearing, and vigorous pursuit of virtue, of honour, and love's war, this sweetness and strength illuminate his face, as if he were

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1584-428: A monetary value in excess of £ 100,000; the pursuer is given first choice of court. The majority of complex, important, or high value cases are be brought in the Court of Session. The sheriff courts and Sheriff Personal Injury Court may remit cases to the Court of Session at the presiding sheriff's request. The Court of Session is the supreme civil court of Scotland , and it shares concurrent jurisdiction with

1716-407: A page of Madeleine of Valois, offered unqualified praise: "Son port estoit royal, son regard vigoureux De vertus, et de l'honneur, et guerre amoureux La douceur et la force illustroient son visage Si que Venus et Mars en avoient fait partage" His royal bearing, and vigorous pursuit of virtue, of honour, and love's war, this sweetness and strength illuminate his face, as if he were

1848-532: A penalty in civil proceedings. Because some courts have both a civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts. In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases". In England and other common-law countries, the burden of proof in civil proceedings is, in general—with a number of exceptions such as committal proceedings for civil contempt —proof on

1980-430: A prisoner to France. In November 1522, Albany took an army to besiege Wark Castle defended by Sir William Lisle , but gave up after three days when the weather deteriorated. In 1524, Albany was finally removed from power in a coup d'état while he was in France. Margaret, with the help of James Hamilton, 1st Earl of Arran and his followers, brought James V from Stirling to Edinburgh. In August, Parliament declared

2112-460: A remedy for any injustice not already provided for by Scots law. Scots law did not develop a distinction between its common law and equitable principles partly due to the nobile officium . The Courts Act 1672 allowed for five of the Lords of Session to be appointed as Lords Commissioners of Justiciary , and as such becomes judges of the High Court of Justiciary . The High Court of Justiciary

2244-406: A result of judicial decisions, recognising prior court decisions as legally binding precedent . When used in the context of a common law legal system, the term civil law means that branch of the law not including criminal law. Civil litigation refers to legal proceedings undertaken to resolve a dispute rewarding an alleged civil wrong and seeking redress or payment of damages . It includes

2376-586: A second French bride to further the interests of the Franco-Scottish alliance. David Beaton was sent to France to persuade Francis I to agree to James marrying his only surviving daughter, Margaret . Francis offered Mary of Guise as a bride instead. The daughter of Claude, Duke of Guise , Mary had recently been widowed by the death of her husband, Louis II d'Orléans, Duke of Longueville . David Beaton wrote to James V from Lyon in October 1537 that Mary

2508-469: A series of mistresses. James's reign witnessed the beginnings of Protestantism in Scotland, and his uncle Henry VIII of England 's break with Rome in the 1530s placed James in a powerful bargaining position with the papacy , allowing James to exploit the situation to increase his control over ecclesiastical appointments and the financial dividends from church revenues. Pope Paul III also granted him

2640-583: A strong grounding by a number of tutors, including David Lyndsay and Gavin Dunbar . James had been taught French and Latin, but as an adult, he spoke halting French, and his need for an interpreter to converse with an Italian bishop suggests that his spoken Latin and Italian were poor. Between 1517 and 1520, Albany sojourned in France, and did not exercise the regency in person, but through his lieutenants including Antoine d'Arces , sieur de la Bastie. On 26 August 1517 Albany and Charles, Duke of Alençon agreed

2772-469: A subsequent act been abolished); fifth, all the duties connected with bankruptcy; sixth, a set of duties unknown in England, connected with the valuation and sale of tithes, and the augmentation of ministers' stipends out of the tithes—the tribunal for disposing of such matters it known by the name of the Teind Court; seventh, the duties connected with the Court of Admiralty, and the duties connected with

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2904-761: A tax tribunal) when barristers recognised by the General Council of the Bar were denied the right to take an appeal on behalf of clients they had represented at tribunal. The administration of the court is part of the Scottish Courts and Tribunals Service, and is led by the Principal Clerk of Session and Justiciary . She is responsible for the administration of the Supreme Courts of Scotland and their associated staff. Gillian Prentice has been

3036-640: A vindictive king, whose policies were largely motivated by the pursuit of wealth, and a paranoid fear of his nobility which led to the ruthless appropriation of their lands. He has also been characterised as the "poor man's king", due to his accessibility to the poor and his acting against their oppressors. James died in December 1542 following the Scottish defeat by the English at the Battle of Solway Moss . His only surviving legitimate child, Mary , succeeded him at

3168-647: A week later, the Scots travelled to the Duke of Vendôme's court at Saint-Quentin . However, on meeting Mary of Bourbon, James V was not impressed by her. He then travelled south to the French court at the Château d'Amboise , where he met Madeleine, and again pressed Francis for her hand in marriage. Fearing the harsh climate of Scotland would prove fatal to his daughter's already failing health, Francis initially refused to permit

3300-573: Is a conflict of authority a court of five judges or, exceptionally, seven, may be convened. The Inner House is sub-divided into two divisions of equal authority and jurisdiction - the First Division, headed by the Lord President; and the Second Division headed by the Lord Justice Clerk. The courts to hear each case are, ordinarily, drawn from these divisions. When neither is available to chair a hearing, an Extra Division of three senators

3432-488: Is fixed by statute, currently to 37, although a number of temporary judges assist the court with its workload. The court is led by the Lord President of the Court of Session who also heads the Scottish judiciary. The creation of the court was part of wider efforts to improve and reform access to justice in Scottish society. By 1153, the local feudal courts had been established. Depending on the part of Scotland where

3564-720: Is granted by the Courts Reform (Scotland) Act 2014 and the Tribunals (Scotland) Act 2014 , which replaced powers regulated by the Court of Session Act 1988 and the Sheriff Courts (Scotland) Act 1971. These are generally incorporated into the Rules of Court, which are published by the Scottish Courts and Tribunals Service and form the basis for Scots civil procedure. Acts of Sederunt regulate civil procedure in

3696-406: Is limited by adherence to precedent , and when legislation or the common law do not already specify the relevant remedy. Thus, the court cannot set aside a statutory power, but can deal with situations where the law is silent, or where there is an omission in statute. Such an omission is sometimes termed a casus improvisus . The nobile officium was used to implement recognition of an order of

3828-613: Is summoned, chaired by the most senior judge present; due to pressure of business the Extra Division sits frequently nowadays. Until 2015 civil cases that went to a full proof (hearing) in the sheriff courts of Scotland could be appealed by right to the Inner House of the Court of Session. Appellants could take the appeal to a sheriff principal for an initial appeal, and then onto the Inner House, or they could take

3960-469: Is superficially similar to the High Court in England and Wales, and in this house judges sit singly—and with a jury of twelve in personal injury or defamation actions. Subject-matter jurisdiction is extensive and extends to all kinds of civil claims unless expressly excluded by statute, and it shares much of this jurisdiction with the sheriff courts. Some classes of cases, such as intellectual property disputes, are heard by an individual judge designated by

4092-585: Is the supreme criminal court of Scotland. Previously the Lord Justice General , the president of the High Court, had appointed deputes to preside in his absence. From 1672 to 1887, the High Court consisted of the Lord Justice General , Lord Justice Clerk , and five Lords of Session . In 1640, membership of the court was restricted to laymen only, by withdrawing the right of churchmen to sit in judgement of legal causes. The number of laymen

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4224-699: The Salamander , first making a will in Leith , knowing this to be "uncertane aventuris." The purpose of this voyage was to show the royal presence and hold regional courts, called "justice ayres." Domestic and international policy was affected by the Reformation , especially after Henry VIII broke from the Catholic Church . James V did not tolerate heresy and during his reign a number of outspoken Protestants were persecuted. The most famous of these

4356-509: The Auld Alliance with France. The first year of his regency was a period when a vigorous defence of his authority was essential to prevent the crumbling of Scottish government either into anarchy or into English control. The struggle for control of the person of the king was an essential prelude to Albany's attempt to govern, as he was aware from the beginning that his claims to act for the king and with full royal authority depended on

4488-501: The Duke of Albany to Rome to negotiate a marriage to Catherine de' Medici , the niece of Pope Clement VII . By 1533 there was discussion of James marrying one of his second cousins, Christina or Dorothea , the daughters of Christian II of Denmark , while in 1534 Margaret of Valois-Angoulême , sister of Francis I, suggested her sister-in-law Isabella . In December 1534, Francis I insisted that his eldest daughter Madeleine 's health

4620-616: The Earl of Lennox , an enemy of Margaret and Arran. When Angus arrived in Edinburgh with a large group of armed men, claiming his right to attend Parliament, Margaret ordered cannons to be fired on them from Edinburgh Castle. Parliament subsequently made Angus a Lord of the Articles and a member of the council of regency . A plan was agreed to end the feuding among these opposing groups by allowing each of them in turn to act as host to

4752-440: The High Court of Justice of England and Wales for the placement of children in secure accommodation in Scotland, in the case of Cumbria County Council, Petitioners [2016] CSIH 92 . An application was made to the Court of Session under the nobile officium by Cumbria County Council , Stockport Metropolitan Council , and Blackpool Borough Council on behalf of four children. There was insufficient accommodation in England to house

4884-604: The Judicial Committee of the Privy Council ). The Outer House is a court of first instance, although some statutory appeals are remitted to it by the Inner House. Such appeals are originally referred from the sheriff courts, the court of first instance for civil causes in the court system of Scotland. Judges in the Outer House are referred to as Lord or Lady [name] , or as Lord Ordinary . The Outer House

5016-460: The Outer House by a single judge. The Inner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat at Parliament House since 1707. The Scottish Courts and Tribunals Service and the Principal Clerk administers the court and judges. Decisions of

5148-538: The Report on the Scotch Judges' Salaries . The Spectator reported the arguments made by Sir William Rae , Lord Advocate , that the judges of the Court of Session had considerable duties, which he listed as: On those thirteen are now devolved, first, all the duties that occur in the Court of Chancery in England; second, all the duties that occur in the courts of Common Law in England, in civil matters; third, all

5280-642: The Scottish Legal Aid Board , is available to persons with little disposable income for cases in the Court of Session. Members of the Faculty of Advocates , known as advocates or counsel , and as of 1990 also some solicitors , known as solicitor-advocates , have practically exclusive rights of audience in the court. Barristers from England and Wales have no right of audience, which caused controversy in 2011 (over an appeal from an immigration tribunal) and again in 2015 (over an appeal from

5412-552: The Treaty of Rouen , which renewed the Auld Alliance between Scotland and France and promised a French royal bride for James V. At England's request, Albany was detained in France for four years, and with him absent, Queen Margaret returned to Scotland and sought in vain to regain the regency. Young James V was kept a virtual prisoner by Albany and his lieutenants, and Margaret was allowed to see her son only once between 1516 and

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5544-539: The Western Isles . As well as taking advice from his nobility and using the services of the Duke of Albany in France and at Rome, James had a team of professional lawyers and diplomats, including Adam Otterburn and Thomas Erskine of Haltoun . Even his pursemaster and yeoman of the wardrobe, John Tennent of Listonschiels, was sent on an errand to England, though he got a frosty reception. James increased his income by tightening control over royal estates and from

5676-409: The crown jewels for the occasion. When James took steps to suppress the circulation of slanderous ballads and rhymes against Henry VIII, Henry sent Fulke ap Powell, Lancaster Herald , to give thanks and to make arrangements for the present of a lion for James's menagerie of exotic pets. The death of James's mother in 1541 removed any incentive for peace with England, and war broke out. Initially,

5808-411: The music fyne described by Helena Mennie Shire. This quieter music included a consort of viols played by four Frenchmen led by Jacques Columbell. It seems certain that David Peebles wrote music for James V and probable that the Scottish composer Robert Carver was in royal employ, though evidence is lacking. As a patron of poets and authors, James supported William Stewart and John Bellenden ,

5940-488: The Consistorial Courts. The select committee's Report recommended that the salaries of the Lord President, Lord Justice Clerk and remaining senators should be increased, and also recommended that all senators should become Lords Commissioners of Justiciary . The recommended salaries were: However, The Spectator was very critical of the actual amount of work done by the judges of the court, noting that there

6072-418: The Court of Session are influential or binding on all the courts of Scotland, and the court handles all manner of civil business, from commercial and contract disputes to family and taxation. Appeal lies to Supreme Court of the United Kingdom and may be taken only with the permission of either court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with

6204-413: The Court of Session extends beyond statutory and common law powers, with the Court having an equitable and inherent jurisdiction called the nobile officium , unique among British courts. The nobile officium enables the court to provide a legal remedy where statute or the common law are silent, and prevent mistakes in procedure or practice that would lead to injustice . The exercise of this power

6336-584: The Court of Session itself. In September 2019 UK Prime Minister Boris Johnson said that he would "rather be dead in a ditch" than apply for an extension to Britain's application to leave the European Union ( Brexit ), due on 31 October, although the UK parliament had required him to do so under circumstances laid out in the Benn Act . Following this, an application was made to the Court of Session to require

6468-581: The Court of Session, the sheriff courts of Scotland (including the Sheriff Appeal Court and Sheriff Personal Injury Court), and in the tribunals of Scotland. The Court of Session can amend or repeal any enactment , including primary legislation, if it relates to matters an Act of Sederunt may cover. Rules for regulating civil procedure are decided upon by the Scottish Civil Justice Council before being presented to

6600-658: The Duke of Albany's success in bringing order and good government to Scotland, by Sebastian Giustinian, the Venetian Ambassador at Henry VIII's Court, was that Scotland, "...was as much under Albany's control as if he were King...". In February 1517, James was brought from Stirling to the Palace of Holyroodhouse in Edinburgh , but during an outbreak of plague in the city, he was moved to the care of Antoine d'Arces at nearby rural Craigmillar Castle . At Stirling,

6732-481: The Earl of Angus. Albany came to Edinburgh Castle, where James V was kept, and in a public ceremony, the keeper gave him the keys, which he passed to Margaret, who gave them back to Albany, symbolising that the government of Scotland was in his hands. Thus, Albany was able to keep an upper hand in regard to the ambitious Angus. The regent put Angus under charges of high treason in December 1521 and later sent him practically

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6864-591: The French-born John, Duke of Albany , who was James V's second cousin and the nearest male heir to the throne after the king and his younger brother, Alexander, Duke of Ross , who was born in April 1514. In August 1514, Margaret married Archibald Douglas, 6th Earl of Angus . This marriage was opposed by many among the nobility, who feared the advancement of the Douglases, and sought to deprive Margaret of

6996-536: The High Court of Justiciary sitting as the Court of Appeal . The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House and of civil cases from the sheriff courts, the Court of the Lord Lyon , Scottish Land Court , and the Lands Tribunal for Scotland . The Inner House always sits as a panel of at least three senators and with no jury. Unlike in

7128-607: The High Court of Justiciary, there is a right of appeal to the Supreme Court of the United Kingdom of cases from the Inner House. The right of appeal only exists when the Court of Session grants leave to this effect or when the decision of the Inner House is by majority. Until the Constitutional Reform Act 2005 came into force in October 2009, this right of appeal was to the House of Lords (or sometimes to

7260-554: The High Court of Justiciary, where the Lord President is called the Lord Justice General. Civil law (common law) The common law system, which originated in medieval England , is often contrasted with the civil law legal system originating in France and Italy. Whereas the civil law takes the form of legal codes such as the Napoleonic code , the common law comes from uncodified case law that arises as

7392-589: The Inner House as "the Lord Ordinary", a remnant of the historical distinction between the Extraordinary Lords of Session and the other or 'Ordinary' ones. Several significant changes were made to the court during the 19th century, with the Court of Session Act 1810 formally dividing the Court of Session into the Outer House (with first-instance jurisdiction before a Lord Ordinary ) and Inner House (with appellate jurisdiction .) Cases in

7524-570: The Jury Court, along with the Admiralty and Commissary courts, was absorbed into the Court of Session following the enactment of the Court of Session Act 1830. In 1834, the remuneration and working conditions were a matter of public discussion and debate in the House of Commons . On 6 May 1834 Sir George Sinclair addressed the House of Commons to plead for an increase in the salaries of

7656-399: The Lord President as the jurist for intellectual property cases. Final judgments of the Outer House, as well as some important judgements on procedure, may be appealed to the Inner House. Other judgments may be so appealed with leave. The court sits as the Lands Valuation Appeal Court is a Scottish civil court , composed of three Court of Session judges, and established under Section 7 of

7788-410: The Lords of Session became commingled, and the modern court's judges are still styled Lords of Council and Session . In 1531, it was decided to create a permanent, dedicated, national court of Scotland. James V obtained a papal bull in 1531 and established the College of Justice in 1532, basing it on the Parisian parlement . The council lords became members of the College of Justice and judges of

7920-421: The Lords of Session for decision; the Lords of Session may approve, amend or reject the rules so presented. An Act of Sederunt, Act of Sederunt (Regulation of Advocates) 2011, devolves authority to the Faculty of Advocates to regulate admission to practice as an advocate before the Court of Session and the High Court of Justiciary; advocates are notionally officers of the court, and are de jure appointed by

8052-461: The Outer House were to be heard by Lords Ordinary who either sat alone or with a jury of twelve . Cases in the Inner House were to be heard by three Lords of Council and Session, but significant or complicated cases were to be heard by five or more judges. A further separation was made in 1815, by the Jury Trials (Scotland) Act 1815 ( 55 Geo. 3 . c. 42), with the creation of a lesser Jury Court to allow certain civil cases to be tried by jury. In 1830

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8184-409: The Prime Minister to sign a letter requesting extension if no exit deal could be agreed in time. The applicants hoped that the unique power of nobile officium would enable the court to send the article 50 extension letter on Johnson's behalf, if he declined to do so. Appeals in the Court of Session are generally heard by the Inner House before three judges, although in important cases in which there

8316-477: The Principal Clerk since June 2018. The court's president is the Lord President, the second most senior judge is the Lord Justice Clerk, with a further 33 senators of the College of Justice holding office as Lords of Council and Session. The total numbers of judges is fixed by Section 1 of the Court of Session Act 1988, and subject to amendment by Order in Council. Judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to

8448-429: The Royal Palace at Stirling Castle, built between 1538 and 1540, with its Renaissance facades and the north, east and south quarters housing the king's and queen's apartments. Work was also carried out at Tantallon Castle , Blackness Castle and Hermitage Castle . As early as August 1517, a clause of the Treaty of Rouen provided that if the Auld Alliance between France and Scotland was maintained, James should have

8580-529: The Scots won a victory at the Battle of Haddon Rig in August 1542. The Imperial ambassador in London, Eustace Chapuys , wrote on 2 October that the Scottish ambassadors ruled out a conciliatory meeting between James and Henry VIII in England until the pregnant Mary of Guise delivered her child. Henry would not accept this condition and mobilised his army against Scotland. James was with his army at Lauder on 31 October 1542. Although he hoped to invade England, his nobles were reluctant. He returned to Edinburgh, on

8712-435: The Sessions were "a court and[…] the term 'session' was used to distinguish this new court from the royal court which was peripatetic, whereas the Session sat at such places as the king appointed." By 1438, the Session was convening only yearly and it ceased altogether at a time between 1457 and 1468, with its function transferring back to the king's council and decided by the Lords of Council. The voluntary and unpaid nature of

8844-401: The Sheriff Appeal Court. Such appeals are binding on all sheriff courts in Scotland, and appeals can only be remitted (transferred) to the Inner House where they are deemed to be of wider public interest, raise a significant point of law , or are particularly complex: ... the rationale for the establishment of the Sheriff Appeal Court, that it will deal with virtually all civil appeals from

8976-448: The Valuation of Lands (Scotland) Amendment Act 1879. It hears cases where the decision of a local Valuation Appeal Committee is disputed. The senators who make up the Lands Valuation Appeal Court was specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has both Lord Carloway (Lord President) and Lady Dorrian (Lord Justice Clerk) as members with a further four senators specified. Legal aid , administered by

9108-465: The abbeys that "stand these many years, and God's service maintained and kept in the same, and I might have anything I require of them." Sadler knew that James did farm sheep on his estates. James recovered money from the church by getting Pope Clement VII to allow him to tax monastic incomes. He sent £50 to Johann Cochlaeus , a German opponent of Martin Luther , after receiving one of his books in 1534. On 19 January 1537, Pope Paul III sent James

9240-407: The age of just six days old. James was the third son of King James IV and his wife Margaret Tudor , the eldest daughter of Henry VII of England , and was the only legitimate child of James IV to survive infancy. He was born on 10 April 1512 at Linlithgow Palace and baptised the following day, receiving the title Duke of Rothesay . James became king at just seventeen months old when his father

9372-438: The appeal directly to the Inner House. However, the appellate jurisdiction of sheriffs principal for all civil cases (including summary cause and small claims actions ) was transferred to the Sheriff Appeal Court following passage of the Courts Reform (Scotland) Act 2014 . The 2014 Act also modified the appellate jurisdiction of the Inner House with civil appeals from the sheriff courts being heard by an appeal sheriff sitting in

9504-583: The birth of his daughter, the king said "It cam wi' a lass, and it will gang wi' a lass" (meaning "It began with a girl and it will end with a girl"). This could refer to the Stewart dynasty 's accession to the throne through Marjorie Bruce , daughter of Robert the Bruce . The prophecy could have been intended to express his belief that his new-born daughter Mary would be the last of the Stewart monarchs. In fact,

9636-477: The carved arms of the four chivalric orders of which James was a member: Garter , Thistle , Golden Fleece and Saint Michael . The three-tiered octagonal King's Fountain topped by an imperial crown was built in 1538 as the centrepiece of the courtyard. At Falkland Palace, James V extended his father's buildings in French Renaissance style between 1537 and 1541 and built a real tennis court in

9768-570: The cause originated, justice might also be available from the local baron or lord of regality, sitting with the king's authority. Parties often found these courts ineffectual. Appeal of the decisions of local courts lay to the king and the Lords of Council, sitting together as the King's Council, or the Parliament of Scotland. The burden on these bodies of hearing appeals led to a growing effort to divest their judicial functions. James I decided that

9900-457: The child of Venus and Mars. The first action James took as king was to remove Angus from the scene. The Douglas family — excluding James's half-sister Margaret , who was already safely in England, innocent of any crime against him (and thus safe from any revenge James took) — were forced into exile and James besieged their castle at Tantallon . He then subdued the Border rebels and the chiefs of

10032-591: The child of Venus and Mars. When he married Mary of Guise, Giovanni Ferrerio , an Italian scholar who had been at Kinloss Abbey in Scotland, dedicated to the couple a new edition of his work On the True Significance of Comets against the Vanity of Astrologers. Like Henry VIII, James employed many foreign artisans and craftsmen in order to enhance the prestige of his renaissance court. Robert Lindsay of Pitscottie listed their professions: he plenished

10164-483: The children, so the councils sought to place them in suitable Scottish accommodation. However, legislation was silent on the cross-border jurisdiction of such orders as made by the High Court of Justice. Nonetheless, equivalent orders made by a Scottish court were enforceable in England and Wales . Thus, the Court of Session found, using its inherent powers, that the orders could be applied as though they had been issued by

10296-443: The continued goodwill of the king himself, or rather of whoever had control of his person and could therefore claim to speak with his voice. Margaret and Angus were potentially hostile to Albany's intentions, and James V had to be removed from their influence. Albany besieged Stirling Castle and Margaret was forced to relinquish possession of the king and the Duke of Ross. James would not see his mother again for two years. Having lost

10428-422: The country with all kind of craftsmen out of other countries, as French-men, Spaniards, Dutch men, and Englishmen, which were all cunning craftsmen, every man for his own hand. Some were gunners, wrights, carvers, painters, masons, smiths, harness-makers (armourers), tapesters, broudsters, taylors, cunning chirugeons, apothecaries, with all other kind of craftsmen to apparel his palaces. One technological initiative

10560-584: The court are subject to review by the European Court of Human Rights and on appeal, the UK Supreme Court can overturn them altogether. These courts lie outwith Scotland and so the Court of Session is the supreme court of Scotland for civil cases. Early judges of the court recorded their decisions and codified the law at a time early in the development of Scots law, leading to the development and distinct character of Scots law . In modern times,

10692-495: The court has ruled on issues of public importance and proceedings of its Inner House have been streamed and recorded since 2023. The court now hears cases from any part of Scotland on any issue, other than criminal cases, which belong to its sister court, the High Court of Justiciary . Judges are termed Lords of Council and Session and appointed simultaneously to the College of Justice and the High Court of Justiciary. Their number

10824-460: The court, typically from serving sheriffs and sheriffs principal or advocates in private practice. The Inner House is the senior part of the Court of Session, and is both a court of appeal and a court of first instance. The Inner House has historically been the main locus of an extraordinary equitable power called the nobile officium – the High Court of Justiciary has a similar power in criminal cases. Criminal appeals in Scotland are handled by

10956-418: The court. The court is divided into the Inner House of twelve senators, which is primarily an appeal court, and the Outer House , which is primarily a court of first instance . The Inner House is further divided into divisions of six senators: the first division, presided over by the Lord President, and second division, presided over by the Lord Justice Clerk. Cases in the Inner House are normally heard before

11088-477: The detention more tolerable, and when James showed signs of tiring of these gifts, Angus also introduced the adolescent king to the pleasures of the flesh with a succession of prostitutes . Angus overreached himself, assuming the office of Lord Chancellor , and granting his followers almost every lucrative post available in the royal household. While James V clearly enjoyed some aspects of his captivity, he grew to hate his captor. Several attempts were made to free

11220-621: The duties that devolve on the courts of Common Law in England as connected with criminal matters, including a large portion of those done in Quarter-sessions, inasmuch as the Sheriffs, who are the next in rank to the Justiciary Judges, are held incompetent to try any case when the punishment amounts to that of transportation ; fourth, all the duties of the Court of Exchequer, (the remaining Judges of that Court having by

11352-542: The earls of Arran , Argyll and Rothes , Lord Fleming , David Beaton and a force of 500 men in a fleet of six ships, using the Mary Willoughby as his flagship. Before his departure, James appointed six vice-regents to govern Scotland in his absence. In the event, James V would be away from Scotland for eight months, becoming the first Scottish king to voluntarily remain away from his realm since David II almost two hundred years earlier. Arriving at Dieppe

11484-589: The end of Albany's regency in 1524. Following the signing of the Treaty of Bruges between Henry VIII of England and the Holy Roman Emperor, Charles V , Francis I allowed the Duke of Albany to return to Scotland to strengthen the Franco-Scottish alliance. The Treaty of Rouen was ratified, and Madeleine of Valois was suggested as a suitable bride for James V. When the Duke of Albany returned in November 1521 Margaret sided with him against her husband,

11616-533: The existing judges. On its founding, the court had jurisdiction over "all civil actions". Consistorial and succession causes were moved from the church courts to the Court of Session after the Reformation. As the court's jurisdiction grew, it began to direct that smaller causes be heard in the local courts, with the Court of Session acting as an appeal court. The court also developed the doctrine of nobile officium under which it had an inherent power to provide

11748-682: The form of the Blessed sword and hat , and was granted the title of Defender of the Faith by Pope Paul III on 19 January 1537, symbolising the hopes of the papacy that he would resist the path that his uncle Henry VIII had followed. After months of festivities and celebrations, and visits to Chantilly , Compiègne and Rouen (where Madeleine fell ill), the royal couple embarked for Scotland in May 1537, arriving at Leith on 19 May. Madeleine wrote to her father from Edinburgh on 8 June 1537 saying that she

11880-526: The garden in 1541. The court survives to this day and is the oldest in the United Kingdom . James also built a new Late Gothic entrance tower in the south range, and the courtyard facades of the east and south ranges that were built in 1537 and 1539 are the earliest examples of Renaissance architecture in the British Isles . The largest of James V's building projects was the construction of

12012-532: The initiative. Although Henry VIII sent his tapestries to York in September 1541 ahead of a meeting, James did not come. The lack of commitment to this meeting was regarded by English observers as a sign that Scotland was firmly allied to France and Catholicism, particularly by the influence of Cardinal Beaton , Keeper of the Privy Seal, and as a cause for war. In 1540, Irish nobles and chiefs offered James

12144-413: The kingship of Ireland, as a further challenge to Henry VIII. James V spent a large amount of money (at least £ 41,000) during his adult reign on extensively remodelling all the major residences and several minor ones, including the construction of new structures, with the most significant work focused on Falkland Palace and Stirling Castle . Early in his personal rule James began the construction of

12276-467: The last Stewart monarch was female: Anne, Queen of Great Britain . James V died at Falkland Palace on 14 December 1542, aged thirty. The king had been ill on a number of occasions during the previous decade: in 1533 "of a sore fois (face)"; in 1534 of the " pox , and fevir contenew"; in Paris in 1536; and in 1540, when he wrote to his wife to say that he had been as ill as he had ever been in his life, but

12408-553: The local sheriff courts over all cases with a value of more than £ 100,000 (including personal injury claims .) Where a choice of jurisdiction exists between the Court of Session and the sheriff courts, including the Sheriff Personal Injury Court , it is for the pursuer to decide which court to raise the action in. The court sits in Parliament House in Edinburgh and is both a trial court and

12540-490: The marriage, but the couple persuaded Francis to reluctantly grant permission to their marriage. The marriage contract was signed in November, with Francis I granting Madeleine a dowry of 100,000 écu , and a further 30,000 francs a year for James. James V renewed the Auld Alliance and fulfilled the terms of the Treaty of Rouen on 1 January 1537 by marrying Madeleine at Notre-Dame de Paris . James received papal approval in

12672-530: The negotiations resumed again, and in March 1536 a final contract made for Mary of Bourbon to marry James V. She would have a dowry as if she were a French princess, and Francis I consolidated the agreement by sending James the collar of the Order of Saint Michael as a token of his affection. James decided to travel to France to meet his prospective bride in person. He sailed from Kirkcaldy on 1 September 1536, with

12804-436: The new Court of Session. The Lord Chancellor of Scotland presided over the court. The court began providing free access to a lawyer, the advocatus pauperum , in 1534. Initially, the court's judiciary numbered fourteen and was split evenly between clerics and laymen . Judges were at first selected by the king and council, but the court grew anxious at the quality of those selected, and from 1579 nominees had to be confirmed by

12936-577: The office of Lord of Session was likely responsible for the Auld Session's failure. The work of the Session continued under the auspices of the king's council and in 1491, an act proclaimed that "the Chancellor with certain Lords of Council or else the Lords of Session sit for the administration of justice thrice each year… so that justice may be put to due execution to all parties complaining". These sittings, or 'sessions', became more regular. Edinburgh

13068-419: The present Late Gothic James V Tower at the north-west corner of the Palace of Holyroodhouse , which provided new royal lodgings on the first and second floors, and a high degree of security. A new west front was also built. At Linlithgow Palace , James closed off the original east entranceway and formed a new formal access from the south, including an inner gatehouse and an outer entrance gate decorated with

13200-454: The process of one party notifying the other that they have a cause for action. It is often suggested that civil litigation proceedings are undertaken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for

13332-490: The profits of justice, customs and feudal rights. He also gave his illegitimate sons lucrative benefices, diverting substantial church wealth into his coffers. James spent a large amount of his wealth on building up a collection of tapestries from those inherited from his father. James sailed to France for his first marriage and strengthened the royal fleet . In 1540, he sailed to Kirkwall in Orkney , then Lewis , in his ship

13464-661: The profits of justice, customs and feudal rights. He founded the College of Justice in 1532 and also acted to end lawlessness and rebellion in the Borders and the Hebrides . The rivalry among France , England and the Holy Roman Empire lent James unwonted diplomatic weight, and saw him secure two politically and financially advantageous French marriages, first to Madeleine of Valois and then to Mary of Guise . James also fathered at least nine illegitimate children by

13596-461: The regency at an end, and the 12-year-old King James was prematurely "erected" to full kingly powers. In November, Parliament formally recognised Margaret as the chief councillor to the king. Margaret's alliance with the Hamiltons inevitably alienated other noble houses. Henry VIII allowed the Earl of Angus (who Albany had banished) to return to Scotland in 1524, and he entered into an alliance with

13728-608: The regency because she had remarried. The Privy Council removed Margaret from the office of regent and appointed the Duke of Albany to replace her. Albany arrived at Dumbarton Castle with eight ships and a troop of French soldiers in May 1514. He entered Edinburgh on 26 May, and in July Parliament confirmed his restoration as Duke of Albany and his position as regent. Albany's noble supporters intended his arrival to bring stable and good government, while Francis I of France sought to use Albany to maintain support for

13860-604: The regency, her income and control of her sons, Margaret departed from the court in September 1515, fleeing from Linlithgow Palace, where she had gone for her lying in, to Tantallon Castle , where she gave birth to her daughter, Lady Margaret Douglas , in Northumberland . The birth and long journey left her extremely ill and she was not told of the death of her second son Alexander in December 1515 until she had recovered her strength. The earl of Angus made his peace with Albany later in 1516. A contemporary tribute, paid to

13992-613: The rentals of the earldoms of Fife , Strathearn , Ross and Orkney , and the lordships of Galloway , Ardmannoch and the Isles . The proxy wedding of James V and Mary of Guise was held on 9 May 1538 at the Château de Châteaudun . Some 2,000 Scottish lords and barons came from Scotland aboard a fleet of ships under Lord Maxwell to attend, with Lord Maxwell standing as proxy for James V. Mary departed from Le Havre on 10 June 1538, and landed in Scotland 6 days later at Crail in Fife . She

14124-445: The scale of the issue to be resolved. Where costs are too high, they can restrict access to justice. James V of Scotland James V (10 April 1512 – 14 December 1542) was King of Scotland from 9 September 1513 until his death in 1542. He was crowned on 21 September 1513 at the age of seventeen months. James was the son of King James IV and Margaret Tudor , daughter of Henry VII of England . During his childhood Scotland

14256-496: The senators, noting that "a Civil Judge in the Supreme Court in Scotland received only £ 2,000" and the masters in the Court of Chancery were paid £ 2,500. A select committee was appointed to investigate the matter. In October 1834, The Spectator reported on the conflicting views around the remuneration and working conditions of the judges of the Court of Session, with conflicting views being presented in response to

14388-568: The sheriff court because these do not merit the attention of Inner House judges except in very exceptional cases. This will free up Inner House judges to deal with more complex matters. The Oath of Allegiance is taken by holders of political office in Scotland before the Lord President of the Court of Session at a meeting of the court. Civil procedure in Scotland is regulated by the Court of Session through Acts of Sederunt , which are subordinate legislation and take legal force as Scottish statutory instruments . The power to enact Acts of Sederunt

14520-691: The son of his nurse, who translated the Latin History of Scotland compiled in 1527 by Hector Boece into verse and prose. Sir David Lindsay of the Mount , the Lord Lyon , head of the Lyon Court and diplomat, was a prolific poet. He produced an interlude at Linlithgow Palace thought to be a version of his play The Thrie Estaitis in 1540. James also attracted the attention of international authors. The French poet Pierre de Ronsard , who had been

14652-522: The soul-Mass and dirge performed for the king. During the Rough Wooing , the invading English armies inflicted structural damage on Holyrood Abbey in 1544 and 1547, destroying James V's tomb. James was the last monarch to die in Scotland until 8 September 2022 when Queen Elizabeth II died at Balmoral Castle in Aberdeenshire , 480 years later. Days later her body was carried through

14784-526: The ten-year-old James had a guard of 20 footmen dressed in his colours, red and yellow. When he went to the park below the Castle, "by secret and in right fair and soft wedder (weather)", six horsemen would scour the countryside two miles roundabout for intruders. Poets wrote their own nursery rhymes for James and advised him on royal behavior. Although his academic development was effectively cut short under Angus's captivity from 1525 onward, James V had been given

14916-468: The title of Defender of the Faith in 1537. James maintained diplomatic correspondence with various Irish nobles and chiefs throughout their resistance to Henry VIII in the 1530s, and in 1540 they offered him the kingship of Ireland . A patron of the arts, James spent lavishly on the construction of several royal residences in the High Gothic and Renaissance styles. James has been described as

15048-434: The way writing a letter in French to his wife from Falahill mentioning he had three days of illness. On 24 November his army suffered a serious defeat at the Battle of Solway Moss . Following a few days spent at Linlithgow Palace with Queen Mary, who was in the final stages of her pregnancy, on 6 December James travelled to Falkland Palace , where he soon took ill. Although James V's army had been beaten at Solway Moss, it

15180-498: The young king. However, the plan fell apart in November 1525 when, at the end of his period of custody, Angus refused to surrender the king who, in effect, became a prisoner of the Red Douglases for the next two-and-a-half years. Angus again "erected" James V to full kingly powers, took him on justice ayres and kept him under close supervision. He spoiled the king with various lavish gifts in an attempt to buy his favour and make

15312-563: The young king—one by Walter Scott of Branxholme and Buccleuch , who ambushed the king's forces on 25 July 1526 at the Battle of Melrose and was routed off the field. Another attempt later that year, on 4 September at the Battle of Linlithgow Bridge , failed again to relieve the king from the clutches of Angus. In May 1528 James finally escaped from Angus's captivity when he fled from Edinburgh to Stirling in disguise. After meeting with his mother at Stirling, James V re-entered Edinburgh in July with

15444-406: Was Patrick Hamilton , who was burned at the stake as a heretic at St Andrews in 1528. Later in the reign, the English ambassador Ralph Sadler tried to encourage James to close the monasteries and take their revenue so that he would not have to keep sheep like a mean subject. James replied that he had no sheep, he could depend on his god-father the king of France, and it was against reason to close

15576-452: Was "rawky" and "harske." At court, James maintained a band of Italian musicians who adopted the name Drummond. These were joined for the winter of 1529/30 by a musician and diplomat sent by the Duke of Milan , Thomas de Averencia de Brescia , probably a lutenist . The historian Andrea Thomas makes a useful distinction between the loud music provided at ceremonies and processionals and instruments employed for more private occasions or worship,

15708-592: Was "stark (strong), well complexioned, and fit to travel", and that her father was "marvellous desirous of the expedition and hasty end of the matter," and had already consulted with his brother, the Duke of Lorraine , and Mary herself. The marriage contract was finalised in January 1538, with James V receiving a dowry of 150,000 livres . As was customary, if the king died first, Mary would retain for her lifetime her jointure houses of Falkland Palace , Stirling Castle , Dingwall Castle and Threave Castle , along with

15840-573: Was a special mill for polishing armour at Holyroodhouse next to his mint. The mill had a pole drive 32 feet long powered by horses. Mary of Guise's mother Antoinette of Bourbon sent him an armourer. The armourer made steel plates for his jousting saddles in October 1538 and delivered a skirt of plate armour in February 1540. In the same year, for his wife's coronation, the treasurer's accounts record that James personally devised fireworks made by his master gunners. His goldsmith John Mosman renovated

15972-556: Was better and her symptoms had diminished. However, a month later, on 7 July 1537, Queen Madeleine died in her husband's arms at Holyrood Palace of tuberculosis . James V wrote to Francis I to inform him of what had happened, saying that if it were not for the fact that he was relying on the French king to remain his "good father", he would be in even greater pain. The queen was interred in Holyrood Abbey in Edinburgh . Following Madeleine's death, James V's thoughts turned to

16104-400: Was fixed as the location for the sessions, addressing a frustrating feature of the royal courts – litigants would summon an opponent to appear at one place on one date, but by that day the king may have decided to move onto another location. The summons would fail and the litigant would have to spend considerable money both following the court and issuing a fresh summons. The Lords of Council and

16236-625: Was formally received by the king at St Andrews a few days later amid pageants and plays performed in her honour, and James and Mary were married in person at St Andrews Cathedral on 18 June 1538. James's mother Margaret Tudor wrote to Henry VIII in July, "I trust she will prove a wise Princess. I have been much in her company, and she bears herself very honourably to me, with very good entertaining." James and Mary had two sons: James, Duke of Rothesay (born 22 May 1540 at St Andrews), and Robert (or Arthur), Duke of Albany (born and baptised on 12 April 1541); however, both died on 21 April 1541, when James

16368-499: Was governed by regents , firstly by his mother until she remarried, and then by his first cousin once removed, John Stewart, Duke of Albany . James's personal rule began in 1528 when he finally escaped the custody of his stepfather, Archibald Douglas, 6th Earl of Angus . His first action was to exile Angus and confiscate the lands of the Douglases . James greatly increased his income by tightening control over royal estates and from

16500-514: Was increased to maintain the number of lords in the court. The Court of Session is explicitly preserved "in all time coming" in Article XIX of the Treaty of Union between England and Scotland, subsequently passed into legislation by the Acts of Union in 1706 and 1707 respectively. The office of Extraordinary Lord of Session was abolished in 1762. Outer House judges continue to be addressed in

16632-533: Was killed at the Battle of Flodden on 9 September 1513. James was crowned in the Chapel Royal at Stirling Castle on 21 September 1513. The nobility accepted Margaret Tudor as regent for her young son, in accordance with the terms of James IV's will, which also stated that Margaret was to retain this position so long as she remained a widow. The long minority of James V would last for nearly fifteen years, with Margaret's position as regent soon challenged by

16764-543: Was much public criticism of their effectiveness. The article noted that the judges were entitled to 7 months vacation in each year. The Spectator also asserted that civil justice was out of the reach of the poor in Scotland. In 1887 all of the Lords of Session were made Lords Commissioners of Justiciary, and thus judges of the High Court of Justiciary, following the passage of the Criminal Procedure (Scotland) Act 1887 ( 50 & 51 Vict. c. 35). Decisions of

16896-454: Was nearly one year old and Robert (or Arthur) was nine days old. Mary's mother, Antoinette de Bourbon , wrote that the couple were still young and should hope for more children. The third and last child of the union was a daughter, Mary , who was born on 8 December 1542. According to legend, James was nicknamed "King of the Commons" as he would sometimes travel around Scotland disguised as

17028-401: Was neither a personal humiliation for the king (who was not there) nor the result of noble disaffection. In fact, James had substantial support for his war policy and early in December, he had made plans to renew the conflict with England. James was on his deathbed at Falkland when news arrived from Linlithgow that the queen had given birth to a daughter . According to John Knox , on hearing of

17160-511: Was now recovered. Evidently, his immune system had not recovered, as he had been ill again in November 1542. It is likely that James V died from cholera or dysentery , rather than shame or despair brought on by the news of Solway Moss. James was succeeded by his infant daughter, Mary, Queen of Scots . On 7 January 1543, the king's body was conveyed from Falkland to the Forth ferry at Kinghorn , before being transported to Edinburgh, escorted by

17292-570: Was restated by the Court of Session Act 1988 . The Court of Session is also the admiralty court for Scotland, having been given the duties of that court by the provisions of the Court of Session Act 1830 . The boundaries of the jurisdiction of the Court of Session in maritime cases were specified in 1999 by an Order in Council : the Scottish Adjacent Waters Boundaries Order 1999 . The jurisdiction of

17424-433: Was too poor for marriage, suggesting that James V should marry Mary of Bourbon , daughter of the Duke of Vendôme , instead to fulfil the Treaty of Rouen. Again, the Duke of Albany briefly entertained the idea that James might marry Christina of Denmark, and the king halted progress on the marriage negotiations. There was also an investigation into the possibility of James marrying his former mistress, Margaret Erskine before

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