Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent the Jurisdiction of the College of Justice
1671.
March
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It is uncontroverted but the members of the College of Justice in civilibus, have præscriptionem et privilegium fori; none others, by acts of Parliament, being judges competent of their civil actions but the Lords of Session only. But whether it be so in criminalibus, as riots, or the like, may be much doubted. Paulus Voet in his tract De Statutis, page 282, states this question, and thinks an exemption to advocates, from answering to inferior courts of this kind, should not extend to criminal actions. Upon the one hand, it seems that the magistrates of Edinburgh, (though justices of peace within themselves,) nor no inferior judges to the Lords of Session, Secret Council, or Justice, can meddle with them, because by act 29th, Parl. 1661, ratifying the whole College of Justice's privileges, it is declared, that all liberties and immunities belonging to the Lords of Session are extended to belong, and appertain by the advocates and all other members of the College of Justice; but ita est by express act of the same Parliament, viz. act 38, containing instructions to the justices, the said justices of peace have no power to meddle with the Lords of Session; ergo neither with the other members of Session. (Vide infra, February 1678, No. 721.) Yet by that same 38th act, it would seem in the matter of riots and such like, the members of Session may be punished and proceeded against by the justices of peace, and consequently by the magistrates of Edinburgh, because they are empowered to proceed against all offenders whatsoever, under the degrees of noblemen, prelates, counsellors, and senators of the College of Justice; unless we say the whole members of Session must be understood there under the Senators of the College of Justice, as enjoying all the same privileges with them. Our privileges got a sore dash in 1670 by the eighth act of that Parliament, where the Lords of Session their privileges are ratified, and nothing of the rest—See my animadversions on that act.
