Scottish Court of Session Decisions

Subject_1 ADVOCATE.

Commissaries of Edinburgh
v.
Russell

Date: 28 November 1609
Case No. No 3.

Advocates entitled to procure in all courts of the kingdom; but an inferior judge, to whom they offer any indignity, may amerciate them, or suspend or deprive them from procuring before him

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Mr John Russell, procurator for Bessie Trumbell, and William Trumbell her father, in the action of annulling the pretended marriage betwixt the said Bessie and Robert Naper, depending before the Commissiaries of Edinburgh, and in the process of adherence, pursued by the said Robert against the said Bessie, giving in his eiked answers in the said cause of adherence in write, declared that the Commissaries should not be patrons of such a pernicious and shameful cause; and concluded in these terms, And albeit ye knew the said marriage to be altogether null and unlawful, yet ye will proceed against all law and justice; wherewith the Commissaries finding themselves highly injured, they ordained Mr John to pay twelve pounds of amand, and suspended him from procuring before them for a year; whereupon Mr John giving in his complaint to the Lords, and the Commissaries warned to answer to the complaint compearing, the matter was at length disputed upon these two heads: First, anent the power of the Commissaries in general, whether they might suspend, or deprive an advocate admitted by the Lords; and next, if this fact of Mr John Russell merited suspension therein. It was resolved, That the ordinar advocates admitted by the Lords, at their compearance in inferior courts, might so misbehave themselves, as the saids inferior judges might justly and lawfully suspend or deprive them from any farther procuring in their courts; and as to Mr John Russell's particular offence, the Lords found it rash and indiscreet, and the Commissaries punishment very rigorous; and therefore calling in the saids parties, and the hail advocates who assisted Mr John Russell, as in a common cause concerning all their liberties, the Lords admonished the advocates to be modest, and not to give occasion, by their contempt to judges, to unlaw, suspend, or deprive them; declaring also, that if any wrong was unjustly offered to modest advocates, the Lords would censure and repair it; and as for Mr John Russell, the Lords ordained him to be more reverent to the Commisaries in time coming, and to delete the words, which they found contumelious, in his defences; and ordained them to restore him to his liberty of procuration, and thereafter gave him up his supplication; because they would not have any record of that variance to remain.

Fol. Dic, v. 1. p. 24. Haddington, MS. No 1659.