ARTICLES, For Regulating of the JUDICATORIES, etc.  
Set down by the COMMISSIONERS Thereunto Authorized by HIS MAJESTY, Under the GREAT SEAL: WITH His Majesty's APPROBATION thereof prefixed thereunto.  
C R  HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT  royal blazon or coat of arms of Charles II 
EDINBURGH, Printed by Evan Tyler, Printer to the King's most Excellent MAjESTY, 1670.   

HIS MAJESTY'S APPROBATION OF THE ARTICLES FOLLOWING.  
CHARLES R.  
CHARLES, by the Grace of GOD, King of Scotland, England, France and Ireland, Defender of the Faith; To all Our good Subjects whom these presents do or may concern, Greeting. We having perused and considered the Report under-written, with the Articles, Rules and Orders made by the Commissioners entrusted by Us for regulating the Judicatories, and the prices of all Writs relating thereto; We do hereby Allow, Ratify and Approve the proceed of the Commissioners, with all the Articles and Orders after set down, and Ordain the same to be duly observed in all time coming; And for that end, that they be recorded in the Sederunt-Books of the Session, and in the Books of Adjournal, and printed and published, that none pretend ignorance thereof. And We do recommend to Our Commissioners entrusted in this affair, to be careful to see these Rules and Articles punctually observed, and the contraveeners severely censured: As also, to take the whole affair into their further consideration, that what, by the shortness of time, is not yet determined, may with all conveniency be done; And their Judgements of the remanent Judicatories and whole matter, not as yet settled, may be returned to Us, that We may thereupon give such Orders, as We shall think fit.  
Given at Our Court at Whitehal, the fourth day of June, one thousand six hundred and seventy, and of Our Reign the twenty two year. By His Majesty's Command, LAUDERDAIL.   

THE REPORT OF THE COMMISSIONERS APPOINTED FOR THE Regulation of the JUDICATORIES.  
Edinburgh, 2. of March, 1670.  
FOrasmuch as it hath pleased the King's Majesty, by a Commission under His Great-Seal, of the twenty one of September last, to authorise and empower some Noblemen and others of His Privy-Council and Session, to consult concerning the Judicatories of His Majesty's Privy-Council, Session, and Justice-Court, and the Regulating of the same; And for redressing and preventing all abuses that are already, or may probably arise, or creep into the saids Judicatories; And to consider the best, most summar and equal way of bringing in, and calling of Processes for Dispensing of Justice; And for shortening and abridgeing the long, chargeable, and tedious dependency of Pleas: And to settle such Rules and Orders as they shall judge necessary for these ends, and to do every thing for making effectual His Majesty's Royal and Gracious Intention, that His Subjects be relieved and secured against oppression and exactions; and that Justice be administrate unto them with expedition, and as little trouble and charge as may be. And that the said's Commissioners return to His Majesty an account in Writ of their Proceed and Conclusion, that His Majesty may take such course therein, as in His Royal Wisdom He shall think fit. Likeas, the King's Majesty, with advice and consent of His Estates of Parliament, did by another Commission of the twenty third of December last, empower the Commissioners , to consider and regulate the Commissar Courts, the Sheriff-Courts, and all other inferior Courts within the Kingdom; And so set down Rules and Orders for regulating the same, and the Forms of proceeding therein, and the prices of all Writs, Fees and Deuce to be taken any manner of way by any Persons in, or relating to the said's Judicatories. In obedience to which Commissions, The Commissioners having had several meetings together, and consulted upon the best and readiest way for the prosecution of His Majesty's Royal Intention, for the good and ease of His Subjects: And finding the same to be a matter of great importance, and deserving most serious consideration, and a longer time to make a full settlement therein; Yet, being desireous, that assoon as is possible, His Majesty's Subjects may find the fruits and effects of His Majesty's Royal care over them: Have at present agreed unto, and condescended upon the Rules and Articles after-following; Which they do humbly offer to His Majesty as their Judgement, in order to the present Regulation of the Judicatories; Without prejudice always of what upon further consideration, they shall hereafter offer, for a full settlement therein.   

Concerning the SESSION.  
1. seeing a great part of the trouble and expenses of the Liedges, in obtaining of Justice in their Causes, is occasioned through the uncertainty of their attendance upon Processes, depending before the Lords of Session; Whereby not knowing any certain time, at, or about which their Processes will be called: They are necessitat to wait on the most part of the time of the Session, during the dependence of their Processes, or otherwise to be absent when the same are discussed. That therefore, all Processes shall be discussed and determined as the Parties are in readiness, and do call for Justice after the same have been seen by the Defenders Advocates, and are returned by them; And that according to the date of the Returns which are set down, and signed by the Defenders Advocate upon the Process itself, that no Parties be preferred in obtaining Justice to any other who was ready, and calling for it before. And that Books of enrolment be made for enrolling the said Processes, according to the dates of the Returns; that thereby notice may be timeously given to all Parties having interest in the Process, how far the Lords of Session are advanced, in discussing and determining Processes according to the said's Rolls, that the Parties may be present when their Processes will fall in to be discussed and determined, in their course as they stand in the Rolls; and may in the mean time rest quiet and secure, that their Rights and Interests will not be decided when they cannot know to be present, which cannot be attained, unless all privileges whereby any cause can be called, otherwise then according to its due course in the saids Rolls, be laid aside; Excepting only the Causes belonging properly to the King's Majesty (and not to Donators or others) which may be called at any time when his Majesty's Advocate pleaseth, upon either of the two next Sederunt-dayes after the Process is returned; or if the same be not called on either of the said's two days, at any time thereafter, upon fifteen day's advertisement to the Defenders Advocats, that they may acquaint their Clients to be present.  
2. That the Book of enrolment for the Outer-house be kept and made up by the person appointed, or to be appointed by the Lords of Session, who shall attend in the Session-house each Saturday in Session-time, from two a clock in the afternoon, till four, and shall take up a note of all Processes shown to him, containing the names and designations of the Pursuers and Defenders, and the name of the Cause, whether it be Advocation, Suspension, Declarator, Reduction, or any other having a special name; or otherwise under the name of Lybelled Summons, and contain the date of the return, signed by the Defenders Advocats upon the Process; and by the said note shall insert in the Book all that is produced that day, according to the dates of the returns, expressing in the Book the day of the month of the uptaking, before the Causes taken up that day, and also expressing the day of the month of the return, before the Causes returned each day, and shall interline nor insert no Cause in the said Book, but set them down in order as they were presented, according to the date of their returns; and shall receive for inserting of the said's Causes in the Book, and for affixing Rolls upon the Wall conform to the said Book, for every Process four shillings Scots and no more, although the said Process should continue to be Enrolled several weeks, until the Ordinary have called and heard the same; which Book of enrolment shall always remain in the Session-house, and be patent to the Liedges, that thence advertisements may be given to all parties having interest; and for showing whereof, the Keeper of the Book shall exact or take no money or gratification.  
3. That the Keeper of the Book of enrolment for the Outer-house affix a Roll of Processes each Monday upon the ordinary place of the Wall of the Outer-house, in all things conform to the said Book of enrolment, expressing the day of up-taking; and that the day of the month of the several Returns be set before the Processes insert each day, and each subsequent week's Roll shall in the first place contain what remained undiscussed by an Act, Decreet, or Protestation, or not delet by the Ordinary, upon the Pursuers not insisting. And where Processes are delayed to a day, till the Parties see, or something be produced or done, which requires not an extracted Act, the same shall remain in all subsequent Rolls, in the same day that it was in the first Roll, that after the day to which it was delayed, it may be called by the Ordinary till it be discussed or delet: And for that effect, the Ordinary shall on the Margin of the Roll, mark at that Process, to what day it is delayed, which shall remain so marked in the subsequent Rolls, till the Cause be discussed.  
4. That the Keeper of the said Books of enrolment for the Outer-house, do exactly and punctually observe the Rules and Orders aforesaid, and that he give his oath every Session for that effect; and if he transgress the said's Rules, the Lords shall deprive him of his Office, and otherways punish him as they see cause, and appoint another in his place, who, and his successors, shall always be liable for observing the premises.  
5. That in like manner there be a Book of enrolment of Processes to be discussed in the Inner-house, containing Causes proper for the Inner-house; as the discussing of reasons of Reduction of Heretable Rights of Lands, or Annualrents, Declarators of Rights thereof, Probations of Tenors of Writs destroyed or lost, Cessiones bonorum, which Book shall be kept by a person appointed, or to be appointed by the Lord Chancellor, who shall insert the said's Processes as they are in readiness to be discussed in the Inner-house, viz. Reductions after the Production is closed, and Declarators, Tenors, and Cessiones bonorum, after the Dilators are discussed in the Outer-house, and a great avisandum made by the Ordinary in the Outer-house, who is to proceed no further therein; and that according to the date of that great avisandum, as it stands written upon the Process by the Clerk of the Process: And where the Lords, upon report of Dispute from the Outer-house made by the Ordinary, shall for the importance, intricacy, or preparative of the points reported, ordain the Cause to be heard in presence of the whole Lords, the said Process shall be insert in the Roll of the Inner-house, according to the date of the Lords deliverance, appointing it to be heard in their presence.  
6. That there be a Book of enrolment of concluded Causes, whereof the probation is to be advised by the Lords, to be insert according to the date of the conclusion of the Cause, as the same shall be presented by the Clerks of the Process, to be kept by the Keeper of the said Book of enrolment for the Inner-house.  
7. That the Keeper of the said's Books of enrolment for the Inner-house, shall attend in the Session-house each Saturday from two to three a clock in the afternoon, and shall receive and insert all Processes which shall be offered to him in either of the said's Books, according to the Order foresaid; and shall receive thirty shillings Scots for each Process to be insert in the Book of Causes to be discussed, and twelve shillings for each Cause to be insert in the Book of concluded Causes; and shall exact or take no more for himself or his servants: and shall make the said's Books patent to all the Liedges freely, and shall affix a Roll both of Processes to be discussed in the Inner-house, and of concluded Causes, in all things conform to the Books, upon Monday, als oft as need beiss; and shall add to the Causes in the said Roll for subsequent weeks, in the same manner as is appointed for the Rolls of the Outer-house, and both in the Books and Rolls shall express the day of up-taking the Process, and the day of the great avisandum or Ordinance of the Lords for hearing the Cause in their presence, subjoyning thereto the Causes each day, both in the Books and Rolls of Causes to be discussed, and the like for the Book and Roll of concluded Causes, according to the date of the conclusion of the Cause.  
8. That the Keeper of the said's Books of enrolment for the Inner-house observe the premises punctually, under the pain of deprivation, and being further censured by the Lords, as they shall see cause: And that the beginning of every Session, he shall make faith to observe the premises in all points.  
9 That the Lords both in the Inner-house and Outer-house shall proceed to the discussing of Processes, in order as they stand in the said Rolls respectiuè, without passing over, or anticipating any Cause; and that each Process shall be still called in its order, until it be brought to an Act, Protestation, or Decreet; and if it be delayed till something be produced or done which requires not an Act extracted, that after the day to which it is delayed, the same shall be called till it be discussed.  
10. And where at the calling of any Cause in the Inner or Outer-house, the Pursuer insists not, the Process shall be delet out of the Roll, and Protestation shall be granted to the Defender, without any other solemnity, but the demanding thereof at the calling of the Cause, whereby the Defender shall not be obliged to answer until he be summoned of new, and the Protestation-money paid, that he be not obliged to an uncertain attendance at the Pursuers pleasure. And incase at the calling of any Process in the Outer-house, any Parties Advocate be in the Inner-house, the Ordinary shall call the Cause the next day thereafter, if he be desired upon a Ticket to be given to him before he go to the Bench; but that no Advocate make interruption by calling otherways over the Bar.  
11. That the Lords by no importunity alter the order of the said's Rolls by any Deliverance or Warrant, except it be for discussing reasons of Reduction of small difficulty and importance in the Outer-house, before they be Enrolled in the Inner-house, which shall be Enrolled in the Roll of the Outer-house, according as they shall be presented to the Keeper of the Roll, in the same manner as other Processes.  
12. That if any Cause be called by anticipation, out of its due place, the Pursuers Advocate may refuse to insist, or the Defenders Advocate to answer, and it shall be a sufficient defence that he is not obliged to answer before its due course in the Roll: And although neither parties Advocats should object, seeing others who were anterior in the Roll are prejudged, the Clerks are prohibit to write on any such Process called out of its own course, or to extract any Act or Decreet thereupon.  
13. That the Lords of Session, every Session, go near the discussing of all Causes enroled that Session; and that as they see their work by the Books of enrolment, they meet the sooner in the morning, and also meet in the afternoon for taking in Reports from the Outer-house, which requires not the attendance of Advocats, and which consumes much of the time both in the Inner and Outer-house in the forenoon; and also for advising of concluded Causes, which of all other should be least delayed.  
14. That if any Act, Decreet or Protestation be stopped, either by the Ordinary, or by the Lords, the same shall be heard by the Ordinary who heard the Cause before, until the same be discussed, delet, or Protestation granted in manner foresaid, and that the same shall not again be brought into the Roll.  
15. That no Bill be presented to the Lords for stopping or rectifying any Act or Decreet past in the Outer-house, until the Party first make application to the Ordinary who heard and pronounced the same; and if he refuse to hear the Party upon any new matter condescended on, or in case of doubtfulness, to report at least upon consignation of an Amaund: In that case, the Party may give in a Bill to the Lords, expressing his application to the Ordinar, and his refusal to hear or report, as said is, and expressing the special matter which he desireth in the Process, and no otherways.  
16. To the effect, the Lords of Session may be in better capacity to discuss the Processes which come before them, not being overburdened with small and inconsiderable Causes, That all Causes, not exceeding the value of two hundred Marks Scots, be in the first instance carried on before the inferior Judges; And that no Summons be raised upon Bill, or otherways for Causes of less importance, for which the Clerk of the Bills and Writers to the Signer are to be answerable at their peril; except there be such reasons condescended on in the Bill, as would be sufficient to procure an Advocation of the Cause from the inferior Judge, in behalf of a Defender, and competent Instructions thereof; And that such Bills do not pass of course, but be specially presented and read to the Ordinary, and that the deliverance on the back thereof bear, Because the Lords have found suficient ground, for which the Cause ought not in the first instance to be pursued before the inferior Judge Ordinar, but before the Lords: Excepting also, the Causes belonging to the Members of the College of Justice, and except Sums due to Merchants, Cooks, Vintners and others in Burgh, for Furniture taken off from them, by such as dwell not within the Shire where the Furniture was taken off.  
17. That where Causes are begun before inferior Courts, no Advocation thereof shall be passed, being of no greater importance then as aforesaid, otherways then is provided by the Act of Parliament; And that the Clerk of the Bills be answerable therefore, not to present, pass or write on any such Bill at his peril.  
18. That where Decreets are passed before inferior Courts, and craved to be suspended, if the reasons proceed not on iniquity, but upon alledgiance, that the Decreet was in absence, so that the craver of the Suspension hath never appeared, or hath not continued to defend while there was no injustice done: Then and in that case, he shall be obliged at the passing of the Bill of Suspension, to consign in the hands of the Clerk of the Bills, such sums for the expenses of the Party, as the passer of the Bill shall appoint, according to the importance of the Cause and the distance of the Party, which shall be given up to the Charger, if the Suspender hath not compeared, or continued to defend before the inferior Court, as said is; and that immediately at the calling of the Cause to be discussed, when the compearance in the Decreet may appear, unless the Suspender improve the Executions of the Summons whereupon the Decreet did proceed.  
19 That Decreets, in foro contradictorio, before the Lords of Session be not again suspended, upon reasons competent to have been proponed, or which were repelled in the former Decreet. And to the effect it may be known, with the least expense, what Decreets are in foro, That the Keeper of the Minute-book make up a Book of the Decreets in foro, according as the same shall each day be given in to him by the Clerks, expressing the names of all the Defenders for whom there is compearance; And that the Clerk of the Bills from time to time, call for and receive a double of the said Minute-book of Decreets in foro; And when any Bill of Suspension is to be presented by him, that at his peril he writ on no Suspension of any Decreet in foro, contained in the said Book, until it be presented to the whole Lords in time of Session, and to three met together in time of vacance, the deliverance bearing, that they were met together. And where there is once compearance for any Party and Defences proponed, the Decreet shall be holden as done in foro, and all the Dispute proponed by the Advocats shall be insert therein, albeit the Advocate thereafter past from his compearance; And that the first Protestation shall not be suspended, but upon consignation of thirty pounds, and the Suspension thereof shall bear that it is the second Suspension: And so forth, all the Suspensions that shall be obtained thereafter, shall bear that the same is the third or fourth Suspension; and that no Suspension shall pass of the second Protestation, but in presence of the whole Lords in time of Session, and by three of the Lords met together in time of vacance, the deliverance bearing as aforesaid; and that the Clerk of the Bills writ upon no Bill of Suspension otherways, as he will be answerable at his peril; and that the second and posterior Protestations shall be insert in the said Book, with the said's Decreets in foro.  
20. That where Processes are keeped up un-returned by the Defenders Advocate, longer than six days after the out-giving thereof, which is the time allowed for seeing of Processes, That upon complaint given in to the Lords thereanent, the Ordinary upon the Bills call the Advocate who keeps up the Process, and fine him in three pounds Scots for ilk day he hath keeped up the same, from the time that the Process was required from the Advocate, or his principal Servant personally at the Advocats Chamber, by way of Instrument under a Nottars hand, unto the day that the complaint was given in, and six pounds for every day that the Process shall be detained by him, after in-giving of the complaint: And that one of the Macers be ordered to exact the fine, under the pain of deprivation; and to that effect, that he be warranded to exclude the Advocate out of the House, and not to suffer him to enter the Outer bar until he make payment; and that he return the money so exacted to the Ordinary upon the Bills, whereof the one half is to be put in the Poors Box, and the other half to be paid to the party pursuer, if he desire the same, otherways, that the whole be put in the Box.  
21. But where there are more Defenders than one called in a Process, and several Advocats compearing for them, That the Advocate who taketh up the Process to see for the Party principally concerned, in whose house the same is appointed to be seen, shall be allowed only four days for seeing the Process; and in case he do not return the same within that time, that he incur the penalties contained in the former Article: And that after the Process shall be returned, the same shall remain in the Clerks hands six days before it be called, during which time, any Advocate compearing for any other of the Defenders, may see the Process in the Clerks hands, and write thereupon for whom he compears, and subscribe the same; and may also borrow the same up from the Clerk for the space of twenty four hours, upon his Receipt and consignation of an Amaund, according to the importance of the Cause: And in case he do not reproduce the Process within the said space of twenty four hours, upon complaint made thereof, he is to lose the Amaund, and to pay six pounds for ilk day he keeps the Process after the said space of twenty four hours; and the like execution to be used therefore, as in the former case of the Defenders Advocats not returning Processes given out to them by the pursuers Advocats. And likewise, if any Advocate, during the said space of six days, be desirous to see the Process for any other Party having interest, who was not called in the Process, that upon production of the Parties interest in the Clerks hands, he be allowed to see in manner foresaid, he always consigning and subscribing for whom he compears: And incase of failzie, to re-produce, being liable as said is; and that the Advocate shall not be heard when the Cause is called, if he hath neglected to see, in manner foresaid, whether he be compearing for any Party called in the Process, or compearing for his Interest.  
22. In respect it is a great obstruction to the dispatch of Processes, That when Causes are called, Defences sometimes are proponed upon Writs, which being neither produced nor seen by the pursuers Advocats, all that is ordinarily done, is to ordain the Writs to be produced: Therefore, wherever the Defenders Advocate is to found any Defence upon Writ, that at the returning of the Process, he also produce therewith the Writs whereupon he intends to found any alledgeance, otherwise no respect is to be had to the alledgeance to be founded on these Writs which were in any of the Defenders Advocats hands, Or which, or any Copy thereof were seen by the saids Advocats, which the Pursuers Advocats shall be obliedged to return within four days after they receive the same: Otherways complaint may be made against them, as against Defenders-Advocats, for keeping up of Processes: And incase any other Writs come to their hands, after the returning of the Process, upon which they will found; That in like manner they produce the same to the Pursuers-Advocats before calling of the Cause, under the same certification.  
23. That the Suspender at the out-giving of the Suspension, produce therewith all his Verifications; And that at the calling of the Cause, if he have keeped up the Verifications, and offer then to produce the same, That the Ordinary shall give Decreet, because the Reasons is not verified conditionally; That if with the Verifications the Suspender produce in the Clerkshands twelve pound Scots, two parts thereof to be paid to the Charger, and the third part to the Poor, the same shall be received, and the Parties heard thereupon, without Enrolling of new: And therefore the Ordinary shall mark upon the Cause, Decreet Conditional, to such a day; And if betwixt and the said day, obedience be not given, the Decreet is to be Extracted.  
24. That the Suspenders Advocate be not allowed to propone any new Reason of Suspension at the Bar, which was neither libeled, nor contained in the eikit Reasons of Suspension given out to, and seen by the Chargers Advocats, unless therewith they consign in manner foresaid.  
25. That because Processes are very much lengthened, by the long running of ordinary and incident Diligences and Terms, for production in Reductions and Improbations: For remedy whereof in time coming, there shall only be two Diligences against Witnesses, one by Horning, and another by Caption; And there shall be no Incident-diligence sustained upon Acts, but where the fame is craved, and allowed at the pronouncing of the Act, and expressed therein; which shall proceed against the alleged haver's of the Writs, first by Horning, charging them to compear and produce upon Oath, and next by Caption incase they do not compear and depone: And that there be only one Term for Production in single Reductions, and two in Improbations: And that the Clerks insert no Reservations in Acts for Production, but that all Exceptions competent before Production, be discussed before assigning of Terms.  
26. That no more Advocats be employed, or marked in any Cause for a Party, but only three in the Inner-House, and three in the Outer-House at most; And that only two be allowed in the Inner-House to speak one after another upon one side, before the other Party make an Answer: And that the Lord-Chancellor, or Precedent, keep the Advocats closely to the Point; And that no Advocate be allowed to speak above half an hour together, at most at one time.  
27. Seeing there is great clamour and complaint of the Exorbitant-allowance of late given to Advocats for Consultations, far exceeding what was usual in former times; That for remedy thereof, the allowance of Advocats in time coming, be regulate according to the quality of the persons who employs them, and the Eminency of the Advocats employed, in manner following, viz. That for every Consultation, pleading thereupon, and drawing Bills upon any Interloquitor thereanent altogether, there be given at most to any of these Advocats, who ordinarily plead in the Inner-House, by Noblemen, eighteen pounds; By Knights and Barons, fifteen pounds; By Gentlemen and chief Burgesses, twelve pounds; And by all the rest of the People, nine pounds: And to the rest of the Advocats by Noblemen, only twelve pounds; By Knights and Barons, nine pounds; By Gentlemen and chief Burgesses, six pounds; And by all the rest of the People, four pounds: And that nothing be allowed for drawing Informations to be given to the Lords after Disput, but to one Advocate only; and that the allowance therefore, be only the half of what is allowed for the Consultation.  
28. That the Parties Pursuer and Defender, do give in with the Process, a Declaration under their hands, bearing, That as they shall answer to God, they have not given, nor shall give any more to any one Advocate employed by them in that Process, for every Consultation comprehending as aforesaid, than the foresaid allowance; which Declaration is to be given in by the Defender at the return of the Process, and by the Pursuer before the Process be called; and incase of the Clients minority, his Tutors, or Curators; and incase of his absence, or that he hath employed another to disburse the money for him; the Person so employed, shall give in the foresaid Declaration upon Oath, which shall bear, that he being the only Person employed to disburse money to Advocats in that Process, he hath not given, nor shall give any more than as aforesaid. And likewise, that all who are already admitted Advocats, before they be allowed to plead, shall give their Oaths that they shall always observe the said's rates; and that no Advocats be admitted hereafter, till they give that Oath.  
29. And because by the Act of Parliament, one thousand six hundred and twenty one, the rates of Writs are ordered conform to an Act of the Lords of Privy Council and Lords of Session, in Anno, one thousand six hundred and six, the effect whereof hath been frustrate, because nothing thereby is provided to Clerks Servants: And in respect the rates of all things are much increased since that time, Therefore that the rates of the Clerks of Session be as followeth, viz. That the same rates be observed which are contained in the said Act of Parliament, except as to Acts, Decreets, Protestations and Diligences, for which there shall be only paid to the Clerk and his Servants, three pounds Scots for each Sheet, written in the same manner as they are now accustomed, conform to a Pattern to be signed by this Commission, and keeped by the Lords of Session: And that the Clerks or their Servants take no money for production of Writs, or giving up of the same again, minuting of Disputes, or booking of Acts and Decreets, all which shall be paid by the said's Extracts; but that there be allowed to them two Marks for taking a Parties Oath, and one Mark for every Witnesses Deposition, and thirty Shillings Scots for calling of every Act in presence of the Ordinary. And that the Clerks or their Servants do not mark upon any Process, Calling or Compearance, or the calling of any Act, but what was publicly done by a Macer, that the Advocats may have timeous notice to satisfy the conclusion of Acts; and that no Decreet be pronounced conditionally, but simply, according to the Act to be extracted twenty four hours after the same is read in the Minute book; and that every Sederunt-day the Minute-book be read out fully, that the Liege's be not delayed or necessitat to attend: And that the Clients shall, in the same manner as in relation to Advocats Allowance, give their Oaths, that they have keeped and shall keep the said's rates, which shall be contained in one paper, with their Declaration in relation to Advocats; and that the Clerks and their Servants give their Oaths, that they shall always observe the said's Rules and Rates, and that no Clerk be admitted hereafter, till he give that Oath; excepting Acts and Decreets of contentious dispute in presence of the Lords, which are to be at the discretion of the Party, conform to the Act of Parliament.  
30. And anent the Clerk of the Bills and his Servants, that the rates in the said Act of Parliament, one thousand six hundred and twenty one, be in all points observed, and also the rates for Allowance of Comprisings, contained in the Act of Parliament, one thousand six hundred and sixty one; with this alteration, That whereas that which is allowed by the said Act, one thousand six hundred and twenty one, for the Acts of Caution, with the relief which comprehends the Bills of Suspension, is too low for the Clerk and his Servants, That there be allowed to the said Clerk and his Servants therefore, three pounds and one merk Scots, and no more; and that the Clerk of the Bills and his Servants give their oaths, in the same manner as the Advocats and Clerks of Session, that they shall observe the said's rates. And in case there be more persons contained in the saids Bills of Suspension than one, that every such person, except the chief person, shall pay six shillings eight pennies, until they come the length of ten persons; and no allowance is to be granted for any exceeding that number, nor for a Community more than the said number of ten: And for Relaxations, six shillings eight pennies for every person more than one, until they come to the number of ten persons, and no more to be taken for any greater number or Community; and that this be in satisfaction of all that is to be given in that Office, both for Master and Servants.  
31. In respect several persons, being neither Advocats nor Advocats Servants, do take upon them, under the name of Agents, to meddle and negotiate in Processes, who are found to be of no use, but burdensome to the Liege's; That hereafter all these Agents be debarred the House, and not permitted to negotiate in, or manage Processes; and recommends to the Lords of Session to see the same punctually observed.   

Concerning the JUSTICE-COURT.  
seeing Causes Criminal are of the greatest importance, and may extend to the Lives and Liberties of any of His Majesty's Subjects, and their Persons and Fortunes: And seeing the punishment of Crimes is of the greatest consequence for the safety and security of His Majesty's Person and Authority, and the Peace and Quietness of the Kingdom; And therefore, Matters Criminal ought to be determined in the most solemn, exact and regular way, that the Loyal and Innocent may be in full security, and Offenders may be punished either in the most public places of the Kingdom, or in the places where the Crimes have been committed, to terrify others from the like: That whereas formerly Assessors from time to time were appointed to the Justice-General, in matters of importance, which being ambulatory, cannot be so convenient, as if all the Members of that Court were settled and chosen by His Majesty of fit persons, who might make it their work to make a just and constant procedure in Matters Criminal.  
1. For that effect, that the Office of Deputes in the Justice-Court be suppressed, and that five of the Lords of Session be joined to the Justice-General and Justice-Clerk, and all of them invested with the same and equal Power and Jurisdiction in all Criminal Causes; That the Justice-General being present preside, in his absence the Justice-Clerk, and in absence of both, that these present elect one of their number to preside, four of the whole number being always the Quorum of that Court, except at the Circuit-Courts.  
2. That they be appointed to meet each Monday at nine of the clock in time of Session, and oftener if business so require.  
3. That the persons to pass upon Assizes be listed, and their Names and Designations insert in an Roll to be signed by the saids Judges or their Quorum.  
4. That for the splendour of that Court, all the Judges sit in red Robes faced with white, that of the Justices-general being lined with Ermine, for distinction from the rest.  
5. That once a year, in the Month of April or May, Circuit-Courts be keeped, two of their number appointed to go and keep Courts at Dumfries and Jedburgh, two at Stirling, Glasgow and Air, and other two at the Towns of Perth, Aberdeen and Innerness, the Justice-General being always super-numerary in any of these Circuit-Courts.  
6. That it be left and recommended to the Judges of that Court, to regulate the inferior Officers thereof, and order every other thing concerning the said Court.  
7. That a convenient Room be appointed for their meetings, Benches for the Judges, a place for the Justice-General, more eminent than the Seats of the other Judges; That the Advocats, Clerk, Assize and Panels have distinct places appointed to them.  
8. That the Clerk of the Court, nor no other person, be present with the Assize after they are enclosed.  
9 That the Chancellor of the Assize mark what way every individual person who is upon the Assize shall vote, whether condemning or assoilzeing, and that on the same Paper wherein the Verdict of Assize is written, which after the pronouncing of the Verdict, is to be closed and sealed with the Seals of the Court, of the Chancellor of the Assize, and of so many more of that number, as the Chancellor shall think fit, and never to be opened again, but by order of the Judges: With certification, if the Clerk who shall have the keeping of the said Verdict, do make open the same without warrant, he shall be deprived of his Office, and otherways punished as the Judges shall think fit.  
10. That in all Criminal Pursuits, the Defender or his Advocats be always the last speaker, except in cases of Treason and Rebellion against the King.  
11. That when any Criminal Libel or Summons of Exculpation are given and execute against any Party, that at the same time, Lists of the Witnesses to be adduced for proving of the said Libel and Summons, and of the persons who are to pass upon the Inquest, be also given to them; to the effect, the Party may know what to object against the saids Witnesses and Assizers, and may take forth Diligences for summoning of Witnesses for proving of their objections, why any contained in the saids Lists should not be admitted to be a Witness, or upon the Assize.   

EDINBURGH, Printed by Evan Tyler, Printer to the King's most Excellent MAJESTY, 1670.