is great clamor 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 regulat according to the quality of the persons who employes 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 Barrons 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 Noble-men only twelve pounds By Knights and Barrons 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 Advocat 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 Advocat employed by them in that Process for every Consultation comprehending as aforesaid then 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 mony 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 mony to Advocats in that Process he hath not given nor shall give any more then as aforesaid And likewise that all who are already admitted Advocats before they be allowed to plead shall give their Oaths that they shall alwayes observe the saids 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 saids Extracts but that there be allowed to them two Merks for taking a Parties Oath and one Merk 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 publickly done by a Macer that the Advocats may have timeous notice to satisfie 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 Lieges 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 saids 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 alwayes observe the saids 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 saids rates And in case there be moe persons contained in the saids Bills of Suspension then 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 then the said number of ten And for Relaxations six shillings eight pennies for every person more then one untill 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 medle and negotiate in Processes who are found to be of no use but burdensom to the Lieges That hereafter all these Agents be debarred the House and not permitted to negotiate in or mannage Processes and recommends to the Lords of Session to see the same punctually observed Concerning the JVSTICE-COVRT SEing Causes Criminal are of the greatest importance and may extend to the Lives and Liberties of any of His Majesties Subjects and their Persons and Fortunes And seing the punishment of Crimes is of the greatest consequence for the safety and security of His Majesties 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
Protestation-money paid that he be not oblidged to an uncertain attendance at the Pursuers pleasure And incase at the calling of any Process in the Outer-house any Parties Advocat 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 Advocat make interruption by calling otherwayes over the Bar. 11. That the Lords by no importunity alter the order of the saids Rolls by any Deliverance or Warrand 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 Advocat may refuse to insist or the Defenders Advocat to answer and it shall be a sufficient defence that he is not oblidged to answer before its due course in the Roll And although neither parties Advocats should object seing 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 enrolled that Session and that as they see their work by the Books of enrollment 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 untill the same be discuss'd 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 untill 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 otherwayes 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 Merks Scots be in the first instance carried on before the inferiour Judges And that no Summons be raised upon Bill or otherwayes 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 inferiour Judge Ordinar but before the Lords Excepting also the Causes belonging to the Members of the Colledge 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 past being of no greater importance then as aforesaid otherwayes 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 past 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 oblieged at the passing of the Bill of Suspension to consign in the hands of the Clerk of the Bills such sums for the expences 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 discust 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 expence 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 write on no Suspension of any Decreet in foro contained in the said Book untill 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 Advocat 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 write upon no Bill of Suspension otherwayes as he will be answerable at his peril and that the second and posterior Protestations shall be insert in the said Book with the saids Decreets in foro 20. That where Processes are keeped up un-returned by the Defenders Advocat longer then six dayes 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 Advocat 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 Advocat 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 Advocat 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 otherwayes that the whole be put in the Box. 21. But where there are moe Defenders then one called in a Process and several Advocats compearing for them That the Advocat 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 dayes 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 dayes before it be called during which time any Advocat 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 Advocat during the said space of six dayes 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 alwayes consigning and subscribing for whom he compears And incase of failzie to re-produce being lyable as said is and that the Advocat 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 Advocat is to found any Defence upon Writ that at the returning of the Processe 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 Coppy thereof were seen by the saids Advocats which the Pursuers Advocats shall be obliedged to return within four dayes after they receive the same Otherwayes 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 Advocat be not allowed to propone any new Reason of Suspension at the Bar which was neither lybelled nor contained in the eikit Reasons of Suspension given out to and seen by the Chargers Advocats unlesse therewith they consign in manner foresaid 25. That because Processes are very much lengthned by the long running of ordinary and incident Diligences and Termes 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 alledged Havers 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 discuss'd before assigning of Termes 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 President keep the Advocats closs to the Point And that no Advocat be allowed to speak above half an hour together at most at one time 27. Seing there
Advocation Suspension Declarator Reduction or any other having a special name or otherwise under the name of Lybell'd Summonds 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 saids 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 untill the Ordinary have called and heard the same which Book of Enrollment shall alwayes remain in the Session-house and be patent to the Liedges that thence advertisements may be given to all parties having interest and for shewing whereof the Keeper of the Book shall exact or take no money or gratification 3. That the Keeper of the Book of Enrollment for the Outer-house affix a Roll of Processes each Munday upon the ordinary place of the Wall of the Outer-house in all things conform to the said Book of Enrollment 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 weeks Roll shall in the first place contain what remained undiscuss'd 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 discuss'd or delet And for that effect the Ordinary shall on the Margent 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 Enrollment 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 saids Rules the Lords shall deprive him of his Office and otherwayes punish him as they see cause and appoint another in his place who and his successors shall alwayes be lyable for observing the premisses 5. That in like manner there be a Book of Enrollment of Processes to be discuss'd in the Inner-house containing Causes proper for the Inner-house as the discussing of reasons of Reduction of Heretable Rights of Lands or Annual-rents 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 Chancellour who shall insert the saids Processes as they are in readiness to be discuss'd 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 Enrollment 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 Enrollment for the Inner-house 7. That the Keeper of the saids Books of Enrollment 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 saids 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 discuss'd 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 saids Books patent to all the Liedges freely and shall affix a Roll both of Processes to be discuss'd in the Inner-house and of concluded Causes in all things conform to the Books upon Munday al 's oft as need beis 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 discuss'd 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 saids Books of Enrollment for the Inner-house observe the premisses 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 premisses 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 respectivè without passing over or anticipating any Cause and that each Process shall be still called in its order untill 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 call'd till it be discuss'd 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 oblidged to answer untill he be summoned of new and the