Extraordinary Lords of Session were lay members of the Court of Session in Scotland from 1532 to 1762, and were part of the historical judiciary of Scotland.
When the Court of Session was founded in 1532, it consisted of the Lord President, 14 Ordinary Lords and three or four Extraordinary Lords. The Extraordinary Lords were nominees of the Monarch of Scotland, and did not need to be legally qualified; Extraordinary Lords were unsalaried, and free to sit or not as they pleased.[1] This may have been a device to conciliate the barons, but it facilitated royal interference in the work of the courts, and the Extraordinary Lords tended to sit only in cases where they had a personal interest.[citation needed]
The number of Extraordinary Lords rose to eight in 1553 but, after protest, was reduced to four and continued at around that level until 1723 when it was provided that no future vacancies should be filled. Archbishop Burnet was the last cleric to hold judicial office, being an Extraordinary Lord from 1664 to 1668, and John Hay, 4th Marquess of Tweeddale was the last Extraordinary Lord, holding office from 1721 to 1762. The practice of appointing Extraordinary Lords ceased in 1721, and the office of Extraordinary Lord was abolished by the Section 2 of the Court of Session Act 1723. Section 1 of the same restated that Orindary Lords of Session should be legally qualified.[2][3]
Extraordinary Lords of Session
edit- 1539: William Ruthven, 2nd Lord Ruthven
- 1539: John, Lord Erskine
- 1541: William Keith, 4th Earl Marischal
- 1541: William, Earl of Rothes
- 1541: Robert Maxwell, 5th Lord Maxwell
- 1541: John Lindsay, 5th Lord Lindsay
- 1542: George Seton, 6th Lord Seton
- 1542: Alexander, Lord Livingston
- 1542: James Ogilvy, 4th Lord Ogilvy of Airlie
- 1542: John, Lord Innermeath
- 1554: Sir Richard Maitland of Lethington
- 1554: Adam Livingstone of Dunipace
- 1561: William Keith, 4th Earl Marischal
- 1561: William Maitland of Lethington
- 1561: James Balfour, parson of Flisk
- 1562: John Wood of Tulliedairie
- 1563: Adam, Bishop of Orkney
- 1565: Alexander, Bishop of Galloway
- 1566: Edward Henryson
- 1566: John Wood of Tulliedairie
- 1566: Gavin Hamilton, Commendator of Kilwinning
- 1567: Sir John Wishard of Pitarrow
incomplete list
- 1641: Archibald, Earl of Argyll
- 1641: Archibald, Lord Angus
- 1641: John, Lord Lindsay
- 1641: John Lord Balmerino
- 1649: John, Lord Coupar
- 1649: John Kennedy, 6th Earl of Cassilis
- 1661: John Lindsay, 17th Earl of Crawford
- 1661: John, Earl of Rothes
- 1661: John, Earl of Lauderdale
- 1662: John Middleton, 1st Earl of Middleton
- 1664: John Hay, 2nd Earl of Tweeddale
- 1664: Alexander Burnet, Archbishop of Glasgow
- 1667: Alexander Bruce, 2nd Earl of Kincardine
- 1668: James Graham, 2nd Marquess of Montrose
- 1669: John, Earl of Dunfermline
- 1673: John, Earl of Atholl
- 1674: Archibald Campbell, 9th Earl of Argyll
- 1680: Alexander Stuart, 5th Earl of Moray
- 1681: William, Earl of Queensberry
- 1682: James, Earl of Perth
- 1684: Charles Middleton, 2nd Earl of Middleton
- 1686: William Douglas-Hamilton, Duke of Hamilton
- 1686: Patrick, Earl of Strathmore
- 1693: William Douglas, 1st Duke of Queensberry
- 1693: William Johnstone, 1st Marquess of Annandale
- 1693: Patrick, Lord Polwarth, later Earl of Marchmont
- 1693: William Douglas-Hamilton, Duke of Hamilton
- 1694: Archibald, Earl of Argyll
- 1696: James Douglas, 2nd Duke of Queensberry
- 1699: Hugh Campbell, 3rd Earl of Loudoun
- 1704: John Campbell, 2nd Duke of Argyll
- 1708: Archibald, Earl of Ilay
- 1712: John Murray, 1st Duke of Atholl
- 1721: John Hay, 4th Marquess of Tweeddale
References
edit- ^ "College of Justice Act 1532 | Records of the Parliaments of Scotland". www.rps.ac.uk. University of St Andrews. 17 May 1532. Retrieved 8 April 2017.
- ^ Rayment, Leigh (30 December 2016). "Scottish Lords of Session". www.leighrayment.com. Leigh Rayment. Archived from the original on 3 February 2017. Retrieved 8 April 2017.
{{cite web}}: CS1 maint: unfit URL (link) - ^ "When the four present Extraordinary Lords of Session shall become vacant, no Presentation shall be made by the King to supply such Vacancy.": Court of Session Act 1732 (Act of Parliament of the United Kingdom 10 Geo. 1 XIX.). 9 October 1722.