Parliament House The Hidden Gem Welcome to Parliament House

Since 1639, Parliament House has played a prominent role in the life of Scotland. It is the home of the Supreme Courts of Scotland, which are the Court of Session and the High Court of Justiciary.

Lord Gill Lord President

Parliament Hall was purpose built for the original Scottish Parliament and the Court of Session. It is considered to be the jewel within this complex collection of new and old buildings. In those early days in the 17th century, you would have entered Parliament House under the gaze of the statues of ‘Justice’ and ‘Mercy’, now located to the rear of this Hall. These statues continue to symbolise the responsibilities of the judges who sit in the 12 courtrooms each working day. In 2008, the Scottish Court Service commissioned a five year, £58 million redevelopment project to restore this historic building and to equip it with the digital infrastructure required for future generations. This exhibition celebrates the completion of that work, and takes a look at the life, history and people of Parliament House. This includes the daily activities which take place in the Hall, and I would invite you to be considerate of those who are currently engaged in the business of the courts. We are extremely grateful to the main contractor, Interserve, and project managers, Currie Brown, for their contribution to this major project, and for their support for this exhibition.

Lord Gill Lord President

Justice

Mercy

Parliament House The Hidden Gem

The Redevelopment Parliament House is a collection of buildings ranging over seven floors and containing over 700 rooms. The oldest building, Parliament Hall, is approaching 400 years old. As the 20th century ended, work to protect and enhance Parliament House and secure its future as the home of the Supreme Courts of Scotland began.

In 1997 the first phase of a major redevelopment got underway. A new Supreme Courts’ Library was created in the Exchequer Building, with judges’ chambers above and offices below, followed by restorative work to the fabric of the building. Work involved the renewal of all mechanical, electrical and information technology installations, fire safety measures, introducing energy efficiency schemes, improving environmental controls and creating better facilities for witnesses and jurors. Courtrooms have been adapted to deal with the increase in the use of digital media for evidence. Witnesses can now appear in court electronically and remotely from any part of the world.

Facilities for all court users were improved. This involved making this historic building and its services fully accessible. And all of this was completed – on time and within budget and with no interruption to the daily business of the court. This substantial redevelopment has preserved Parliament House for future generations on its historic position in Edinburgh’s Old Town - a World Heritage site. The redeveloped Parliament House was officially opened by The Right Honourable Lord Gill, Lord President and Lord Justice General, on 23 June 2014.

Plan of Parliament House Exhibition supported by Signet Library Public Entrance Parliament Hall

Advocates Library

Lobby

Box Corridor

Law Room

Court Court 10 11

Court 12

Parliament Square

Court 5

3 High Court of Justiciary

1 First Division East - West Corridor

Court 4

2 Second Division

Photography by

Simon Saffre, Cieran Donnelly, Nick Callaghan, Ann Henley

Court 9 Court 8

The Laigh Hall is directly beneath Parliament Hall. S.S.C. Library

Cowgate

Court 7

Court 6

Parliament House The Hidden Gem

The History of Parliament House The History of Parliament House stretches back to 1632, when - following a request from King Charles I - the Town Council of Edinburgh agreed to provide new accommodation for the Scottish Parliament, the Court of Session and the Privy Council. It was built – and eventually opened in 1639 - on part of the Upper Kirkyard of St Giles, with the Parliament and the Outer House of the Court of Session in Parliament Hall and the Privy Council, Treasury, Exchequer and the Inner House of the Court of Session in the Jamb (East Wing).

Digital image of engraved view of Parliament House Insc: ‘CVRIA Supremj Conventus Ordinum Regni Scotiae Vilgo Domus Parliamentj The Parliament Houfe in Edinborrowgh by J.G.’ ‘F de Wit excudit Amstelodam’ ‘A reduced facsimile of a print engraved in Holland about the year 1646 from a drawing by the Revd James Gordon of Rothiemay’

The frontage of the original Parliament House has largely been lost behind the classical frontage created in the 19th century, but parts of the original west and south facades can still be seen from George IV Bridge.

‘The Parliament House very hardly escapt’ In 1700 a great fire in the city caused considerable damage. Duncan Forbes of Culloden wrote at the time: “All the pride of Eden is sunk; from the Cowgate to the High Street all is burnt, and hardly one stone left upon another... the Parliament House very hardly escapt.” The eastern part of the close was subsequently rebuilt, re-establishing its reputation as one of the showpieces of the city. Through this century, the Advocates Library was housed in the Laigh (Lower) Hall and Parliament Hall itself was returned to its original form as a single

The Great Fire of 1824 A perspective view of Parliament House and

In November 1824 the Great Fire destroyed all

Exchequer Insc. “Rt

of Parliament Square east of Parliament House.

Honble. J. Elphinstone Esqr. Engineers Delin.

Three years later, Robert Reid began the most

A Bell Sculpt.”

comprehensive redevelopment of the Law

uninterrupted space.

Courts since the construction of the original 1639 building. This included a new building for

The early part of the 19th century saw more changes,

the Exchequer and three new courtrooms.

with Robert Reid’s series of developments. Extensions east, west and north-west were completed

The period 1829 to 1840 saw the creation

(later followed by a south extension). Accommodation

of the new Advocates Library, designed by

for the Writers to the Signet and Faculty

W H Playfair, to the west of Parliament House

of Advocates’ libraries was added and the classical

Interior view of

and shortly after this, in 1844, four new courts

facade was extended to provide a unified front.

Parliament Hall. Scanned

were completed south of Parliament House,

General view of Parliament Square from the North West c1930 by BC Clayton, photographer

image of engraving from Illustrated London News,

replacing the two courtrooms designed by

12 August 1871.

Archibald Elliot in 1821.

Parliament House The Hidden Gem

The History of Parliament House More courtrooms needed

By the start of the 20th century, more jury courtrooms were required and extensive alterations to the south and east of Parliament House were carried out by W T Oldrieve. These included a new jury court (the Oak Court) in a new south extension, and in the early 1950s offices in the building which had previously been Forbes Bank were converted to a new jury court suite (Court 5). Later the Exchequer Building was refurbished and a new bridge link to the existing court complex installed, and in 1988-92 a south-east extension was created to house, among other facilities, three new courts and judges’, jury and witness rooms.

“Ane end of ane auld sang”

In January 1707 the Act of Union between Scotland and England was passed.

Sir Walter Scott and the Great Fire

On 28 April of that year, the last sitting of the Scottish Parliament took place in Parliament Hall, the Chancellor summing

The Great Fire of 15 November 1824 was

up the end of Scottish independence

described by Sir Walter Scott as follows:

with the words; “Now there’s ane end

“By great exertions it was prevented

of ane auld sang”.

approaching the public buildings and

emperor. This is probably the oldest lead

All the other houses in Parliament Square

equestrian statue in Great Britain. On the

are totally destroyed and I can conceive no

pedestal, which is carved from local

sight more grand or terrible than to see those

Craigleith stone, is a Latin inscription

lofty buildings on fire from top to bottom every aperture and finally crashing down

In Parliament Square is the statue of King Charles II (1685) in the garb of a Roman

Sir William Forbes’s Bank also escaped.

vomiting out flames like a volcano from

Statue of King Charles II

which describes the King’s achievements Medallion by Steell of Sir Walter Scott,

in florid terms.

one after another into an abyss of fire.... Between the corner of Parliament Square and South Bridge, all is destroyed excepting some new buildings at the lowest extremity.”

Jeweller’s and cutler’s In the early days, and right through the 18th century, one area in the Great Hall was occupied by shopkeepers. Robert Elcho Challenge Shield, located in the Box Corridor

Chambers describes what was on offer in the 1770s – books, hardware, hats and a coffee shop. While in 1792-93, Lord Cockburn wrote: “the whole space seemed to be occupied as a jeweller’s and cutler’s shop. My first pair of skates was bought there; and I remember my surprise at the figures with black gowns and white wigs walking about among the cutlery.”

Lord Cockburn (1779-1854) by Benjamin Crombie, 1838 He was one of the leaders of the Scottish Bar. He was appointed Solicitor-General for Scotland in 1830, and a senator of the College of Justice in 1834. His ‘Memorials of His Times’ which includes his reminiscences of Parliamenent House, closes at the end of 1830.

Parliament House The Hidden Gem

Parliament Hall Once a meeting place of the Scottish Parliament and the location of the Outer House of the Court of Session, the Hall in which you are standing continues today as a meeting place for lawyers and those that they represent. The tradition is for participants to walk up and down the length of the room to privately discuss cases, impart instructions to devils or exchange gossip. The Hall measures 37.5 metres long and 12.8 metres wide (123 feet by 42 feet). The magnificent open timber roof was made by John Scott in the 1600s

The many portraits, statues and busts around the

The Great Window in the south wall

using oak from the Baltic. The ends of the stone

Hall, form part of the collection of the Faculty of

corbels from which the trusses spring were carved by Alexander Mylne in the 1630s.

3

1

4

2

5

7

6

8

10

13

15

11 12

9

Advocates, and represent individuals connected

14

16

17

with Scottish law from the 17th century up until

18

the present day. Paintings include works by

The Great Window in the south wall was installed in

the famous Scottish portrait painter Sir Henry

1868. It consists of 8000 pieces of painted stained

Raeburn (1756 –1823).

glass and covers 390 square feet. Designed by Wilhelm Von Kaulbach and executed by Maximilian

The stained glass on the four windows on the

Ainmuller, inspector of the Royal Glass Painting Establishment of Munich, it celebrates the founding

west wall of the Hall was installed by James

1

of the Court of Session in 1532, showing

Ballantine & Sons in 1870. The two doorways

2

in this wall give access to the Advocates Library.

King James V presenting the Charter of Institution and Confirmation by Pope Clement VII to Alexander 3

Mylne, Abbot of Cambuskenneth, who became the

5

4

6

first Lord President of the Court and is shown

The impressive statues around the Hall of eminent law professionals from the 17th century and on, include that of Lord President Forbes of Colloden (1685 – 1747), by Louis Francois Roubliliac. This is the oldest marble statue in Scotland and thought to be one of the finest.

9 10

kneeling before him. Gavin Dunbar, Archbishop

7

of Glasgow and Lord High Chancellor of Scotland,

8

is shown with his hand raised in blessing. The Great Window in the south wall

22

19

25

28

1 Queen Margaret, widow of King James IV of Scotland 2 King James V of Scotland

20

21

23

24

26

27

29

30

3 Sir James Foulis of Colinton, Lord Clerk-Register of Scotland 4 Richard Bothwell, Rector or Erskirk 5 Robert Reid, Abbot of Kinloss 6 Gavin Dunbar, Archbishop of Glasgow, Lord High Chancellor of Scotland 7 Alexander Mylne, Abbot of Cambuskenneth, Lord President 8 Nicolas Crawford of Oxengangs, Clerk of Justiciary 9 Sir William Scott of Balweary 10 Sir Adam Otterburn, King’s Advocate and Provost of Edinburgh The arms in the window are those of the successive Lords President of the Court of Session, as detailed below, including the years during which they held office

In the head of the window 1 Alexander Mylne, Abbot of Cambuskenneth, 1532-1549. 2 Robert Reid, Bishop of Orkney, 1549-1558. 3 Henry Sinclair, Dean of Glasgow, afterwards Bishop of Ross, 1558-1565.

In the lower part of the window 7 Alexander Seton, Lord Urquhart, afterwards Earl of Dunfermline, 1593-1605. 8 James Elphinstone, Lord Balmerino, 1605-1609. 9 John Preston of Fentonbarns, 1609-1616.

4 John Sinclair, Bishop of Brechin, 1565-1566.

10 Thomas Hamilton, Earl of Haddington, 1616-1626.

5 Sir James Balfour of Pittendriech, 1567-1568.

11 Sir James Skene of Curriehill, Bart., 1626-1633.

6 William Baillie of Provand, 1566-1567, 1568-1593.

12 Sir Robert Spotswoode of New-Abbay, 1633-1637.

14 James Dalrymple, Viscount Stair, 1671-1681, 1689-1698.

19 Duncan Forbes of Culloden, 1737-1748.

25 Robert Blair of Avonton, 1808-1811.

15 Sir George Gordon of Haddo, Bart., afterwards Earl of Aberdeen and Lord High Chancellor of Scotland, 1681-1682.

20 Robert Dundas of Arniston, 1748-1754.

26 Charles Hope of Granton, 1811-1841.

21 Robert Craigie of Glendoick, 1754-1760.

27 David Boyle of Shewalton, 1841-1852.

22 Robert Dundas of Arniston, 1760-1787.

28 Duncan McNeill of Colonsay, afterwards Lord Colonsay, 1852-1867.

16 Sir David Falconer of Newton, 1682-1685.

23 Sir Thomas Miller of Glenlee, Bart., 1788-1789.

17 Sir George Lockhart of Carnwath, 1686-1689.

24 Sir Ilay Campbell of Succoth, Bart., 1789-1808.

18. Sir Hew Dalrymple of North Berwick, Bart., 1698-1737.

Plaque to commemorate the restoration work carried out in 1985-86 to the historic beamed roof.

29 John Inglis of Glencorse, 1867-1891.

13 Sir John Gilmour of Craigmiller, 1661-1671.

Painting and Statues in Parliament Hall SOUTH ELEVATION

WEST ELEVATION

ArchD 1st Lord Napier Rt. Hon William Watson

Lord Dunedin, Lord Justice General.

Thomas Kennedy of Dunure. Lord Advocate 1714, Baron of Exchequer 1721-1754.

Parliament Hall during the banquet for King George IV on 24 August 1822, by W H Lizars. This shows the view looking towards the royal dais which was in front of the south wall where the Great Window is now located.

Sir Walter Scott

north ELEVATION

Lord President Dundas of Arniston, 1748-1753

William Craig, Lord Craig, 1792-1813

Rt Hon John Inglis 1867

The Rt. Hon., Lord Moncreiff of Tullibole, Lord Advocate 1851-1866 & 1868-1869: Dean of Faculty 1858 – 1869: Lord Justice Clerk 1869.

Henry Viscount Melville

EAST ELEVATION

Henry Cockburn (1747-1854)

The Rt. Hon. Duncan McNeil, Lord Justice General/Lord President 1852-1867

Lord President Forbes (1685-1747)

Sir William Nairne (Painted by Raeburn)

Robert Blair of Avontoun, Lord President 1808

David Hume, Baron of Exchequer, 1822-1834

Parliament House The Hidden Gem

The working court of today Within Parliament House, the Supreme Courts are made up of the Court of Session (established in 1532) and the Appeal Court of the High Court of Justiciary (established in 1672). The Court of Session is Scotland’s supreme civil court and sits as a court of first instance and a court of appeal. It has an Outer House and the Inner House. The Outer House consists of 22 judges (also known as lords ordinary) sitting alone or, in certain cases, with a civil jury. They hear cases at first instance on a wide range of civil matters, including claims based on professional negligence, contract, commercial disputes and judicial review. The Inner House is in essence the appeal court, though it has a small range of first instance business. Appeals are heard from the Outer House, the Sheriff Court and certain tribunals and other bodies. The High Court of Justiciary hears the most serious criminal trials, such as murder and rape. A single judge hears cases with a jury of 15 people, usually at one of the three High Court buildings in Edinburgh (Lawnmarket), Glasgow (Saltmarket) and Aberdeen (Mercatgate). It sits in Parliament House as an appeal court consisting of at least three judges when hearing appeals against conviction and two when hearing sentence appeals. In both the Court of Session and the High Court, cases can be presented by an advocate (counsel) who is a member of the Faculty of Advocates and similar to a barrister in England; a solicitor-advocate who is a member of the Law Society of Scotland and granted an extension of their rights of audience having undergone additional training; a practitioner from another member state of the European Union, in prescribed circumstances, or an individual who is a party to a case. Note that a firm or a company must always be represented by counsel or by a solicitor-advocate.

The Box Corridor and Courts On the south wall, behind the Great Window, is the area into which Parliament House was extended in 1819. To the right are courts 10 and 11 and ahead are the larger courts 12 and court 9 (the Oak Court). The Box Corridor which runs parallel with Parliament Hall contains boxes to which papers of practising advocates were once delivered. By tradition, it was a matter of honour that no advocate looked at the papers in the box of any of his colleagues. Today, the boxes are not in use, but are a symbolic part of the history of the building. The public entrances to court rooms 1 and 2 are from the Box Corridor. Over the entrance to Court 1 is a medallion by Steell of Sir Walter Scott, which was originally intended for Westminster Abbey. Both court rooms were completed in 1838 and are practically identical in size and layout. They are lit by round-arched clerestory windows and have ribbed ceilings, the first having Jacobean pendants. These court rooms are chaired by the Lord President and the Lord Justice-Clerk respectively. To the east is the High Court of Justiciary, court room 3. This court room was built in 1835 for criminal trials (such as Madeline Smith) but, today, is only occasionally used for this purpose. It is now used for the hearing of criminal appeals, usually before three judges.

The Box Corridor

Court 1

The east-west corridor leads to court rooms 4 and 5. Court room 4 contains fine Corinthian columns and a coved ceiling with pendants. Along the same corridor, are court rooms 6, 7 and 8, the most recent addition to Parliament House, completed in 1992. From the south end of the Box Corridor, there is access, by means of an enclosed bridge, to the library of the Society of Solicitors in the Supreme Courts. Stained glass windows on the bridge and in the library bear the portraits of prominent lawyers of the 17th to 19th centuries.

Court 4

Principal Clerk’s Office Principal Clerk PS to Principal Clerk

Court of Session Deputy Principal Clerk of Session

High Court of Justiciary Deputy Principal Clerk of Justiciary

Offices of Court General Office

First Instance Criminal Appeals Depute Clerks

Petitions, Inner House & Extracts Court Motions Team

Keeper’s Office Depute Clerks

Administration Unit Head of Administration

Administration Accommodation Services Typing Pool Library Court Support

Court 8

Parliament House The Hidden Gem

People in court The Judiciary

The judges who sit in these courts are Senators of the College of Justice. To become a judge, you must be qualified as an advocate or solicitor for at least five years and meet other criteria laid down by the Judicial Appointment Board. The two senior judges in Scotland are the Lord President, who is Head of the Judiciary, and the Lord Justice Clerk.

The Clerk of Court Each judge and courtroom is supported by the Clerk of Court. The Clerk sits immediately in front of the judge and ensures the smooth running of court

The Senior Judge and Head of the Judiciary in Scotland is Lord Gill.

procedures, including the recording of the proceedings and outcomes.

He was appointed Lord President and Lord Justice General in 2012, having previously held the position of Lord Justice Clerk. He is also Chairman of the Scottish Court Service Board, which provides the staff, buildings and services to support the judiciary in all of Scotland’s courts.

The Macer When a Supreme Court judge enters a courtroom, he or she is preceded by a macer carrying a mace to represent the judge’s authority in criminal cases. The mace is then displayed while the court is sitting.

Lord Carloway is the Lord Justice Clerk and can deputise for the Lord President. Lord Carloway has been a judge since 2000 and was appointed Lord Justice Clerk in 2012.

Originally the role of the macer was to protect the judge against any threat, particularly when travelling around Scotland on circuit, by using a mace as a weapon. Today’s macer calls the cases, brings the witnesses into the courtroom and assists with the proceedings, including the handling of items of evidence. The Lord President’s Mace dates from 1667 and is also known as the Old Exchequer Mace. It is made of gilt solid silver, measures 4ft 8inches, and weighs 17lb 5oz. It remains in daily use in the courts and is borne by the Falkland Macer.

Parliament House The Hidden Gem

People in court Behind the scenes

As well as the courtroom players there are many other people who support the work of the Supreme Courts and the judiciary.

Principal Clerk Graeme Marwick is the Principal Clerk of Session and Justiciary within Scotland’s Supreme Courts and has overall responsibility for 190 staff of the Court of Session and the High Court of Justiciary in Edinburgh, Glasgow and Aberdeen

The Scottish Court Service All the courts in Scotland are administered and supported by the Scottish Court Service. In addition to the Supreme Courts, as of 1 June 2014, there are 43 Sheriff Courts and 38 Justice of the Peace Courts in Scotland. More information is available at www.scotcourts.gov.uk

Parliament House The Hidden Gem

Ceremony and tradition The Supreme Courts are the backdrop to many ceremonies, modern and traditional. Since the establishment of a Scottish Parliament in 1999, elected Scottish Government ministers, including the First Minister, take the Official Oath administered by the Lord President of the Court of Session in Court 1 of Parliament House. Similarly, appointed judges take oaths of allegiance to the Monarch and to carry out their duties. The Kirking is an annual event where the judges of the Supreme Courts of Scotland, Sheriffs, Members of the Faculty of Advocates, the Society of the Supreme Courts of Scotland, Writers to Her Majesty’s Signet and Solicitor Advocates process over the cobbles to St Giles Cathedral across the square. A Red Mass is held in St Mary’s Cathedral to mark the beginning of the Scottish Judicial Year.

Lady Wolffe takes her place on the bench during her installation as a judge on 11 March 2014

One of the more colourful ceremonies is the installation of the Lord Lyon, King of Arms, Judge of the Lyon Court who is responsible for Scottish heraldry and genealogy.

Painting of the full bench of Judges, 1913

Installation of the Lord Lyon, King of Arms in Scotland on 25 February 2014

Parliament House The Hidden Gem

Ceremony and tradition The College of Justice

Court dress

The College of Justice was founded in 1532 by King James V following a bull issued by Pope Clement VII on 15 September 1531. It provided for 10,000 gold ducats to be contributed by the Scottish bishoprics and monastic institutions for the maintenance of its members, one half of whom would be members of the “ecclesiastical dignity”.

Initially, there was little legal literature. Acts of the Parliament of Scotland and the books of the Old Law as well as Roman Law and Canon Law texts were about all to which the pursuer and defender could refer. It was only after the establishment of the court that this situation improved, with judges noting their decisions in books of ‘practicks’. The Treaty of Union 1707 with England preserved the Scottish legal system. Article XIX provided “that the Court of Session or College of Justice do after the Union and notwithstanding thereof remain in all time coming within Scotland, and that the Court of Justiciary do also after the Union ... remain in all time coming.” The College of Justice includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the National Supreme Courts are the Court of Session, the High Court of Justiciary, and the Office of the Accountant of Court. Its associated bodies are the Faculty of Advocates, Society of Writers to Her Majesty’s Signet and the Society of Solicitors in the Supreme Courts of Scotland and the senior officials of the Supreme Courts. The College is headed by the Lord President of the Court of Session, who also holds the title of Lord Justice General in relation to the High Court of Justiciary. The judges of the Court of Session and High Court are titled Senators of the College of Justice.

The Mace

Wigs are a symbol of office worn by legal

Traditionally, the ceremonial mace is a

professionals, which started in the early 17th

highly ornate staff of metal or wood,

century, at a time when they were very much

carried before a sovereign or other high

a part of society fashion. By the 18th century,

official in civic ceremonies by a mace-

the wigs were smaller and more formal, and

bearer, to signify the official’s authority.

were only worn by judges, the military, the

The Parliament of Scotland passed an Act on 17 May 1532 authorising the creation of the college with 14 members, half spiritual, half temporal, plus a president and the Lord Chancellor. The college convened for the first time on 27 May 1532, in the royal presence. Supplementing the 14 ordinary lords, who were called senators, were an indefinite number of supernumerary judges called extraordinary lords. The College at its foundation dealt with underdeveloped civil law. It did not dispense justice in criminal matters as that was an area of the law reserved to the King’s justice, through the justiciars (hence the High Court of the Justiciary), the Barony Courts and the Commission of Justiciary. The High Court of Justiciary was only incorporated into the College of Justice in 1672.

Wigs

clergy and other professionals. Evolving over

From the civic and other maces still

the centuries, they are still retained as part

preserved in Scotland, we know that they

of court dress today.

were intended purely for the purpose of ceremony, and to enhance the dignity of

Judges still wear long full-bottomed wigs on

those upon whom royal favour was

ceremonial occasions, such as the procession

bestowed.

to mark the start of the legal year or “Kirking of the Court”. A shorter, more practical style is worn in most courts. Exceptions are Justice of the Peace courts, tribunals, or in some proceedings involving children, when there is no requirement to wear a wig.

Robes Senators wear a white robe with red crosses in the High Court of Justiciary, while, in the Court of Session, they wear crimson robes

Today’s wigs are made from horse hair, from the tail or mane. They are much more practical than the powdered variety worn in the 17th century.

with darker red crosses. Since April 2014, judges no longer wear judicial robes to hear civil case appeals. If you look to the centre of the Great South Window in Parliament Hall, the figure kneeling at the throne of King James V of Scotland is the Lord President, Alexander Mylne, (1532-1549) dressed in his crimson judicial robe.

Solicitor advocates Solicitor advocates are a relatively new type of Scottish court lawyer. They came into existence in 1993, when legal reforms permitted solicitors to apply for rights of audience in the Higher Courts in Scotland as well as in the Supreme Court and the Judicial Committee of the Privy Council in London. Until then, the only Scottish court lawyers entitled to appear before these higher courts were advocates. There are now over 300 practising solicitor advocates, with roughly half practising as civil solicitor advocates and half appearing in the criminal courts. Eight solicitor advocates currently appear in both criminal and civil courts.

The charter granted to Edinburgh by James VI in 1609 stated: “That it was clearly known and made manifest to him that in all well-constituted commonwealths the whole Magistrals were not only permitted; but were ordered to carry and bear bundles of rods and such ensigns before them as signs and tokens of their magistracy, and to induce the common people to greater reverence…” In the same year, it was also ordained in a letter addressed to the privy council, that on all such occasions as the Lord Treasurer “sail come ony way abroad in ony of the streitis of ony burgh, citie, or toun of this kingdome,” a silver-gilt mace shall be carried before him. It was never contemplated that ceremonial maces should ever be used as weapons of attack – any more than it was thought likely that the civic sword should be drawn for the defence of the Lord Provost. Most of Scotland’s maces have been preserved. The four oldest, which belong to the universities of St Andrews and Glasgow, were made in the 15th century and have, with one exception, heads of tabernacle form. The others belong to the City of Edinburgh, the universities of Aberdeen and Edinburgh, and the College of Justice. These have bell-shaped heads, the oldest of which dates back to the 17th century.

The Queen Elizabeth Mace A new mace was presented to the courts by Queen Elizabeth in July 2006 to commemorate the 80th birthday of the Monarch. This was the first mace to be presented to the courts in 200 years. It is used in Lord Carloway’s courtroom.

Parliament House The Hidden Gem

The Faculty of Advocates The legal profession in Scotland “…the qualities that the Faculty represents: a commitment to excellence, a commitment to scholarship and learning, has two branches - advocates a commitment to the noblest ideals of professional conduct and solicitors. The Faculty of and, above all, a commitment to justice for all Advocates is the professional body to which advocates belong - in our society …” and Parliament House is its home.

What does an advocate do?

Advocates today

Advocates specialise in advocacy – the art of pleading a case, in writing or

The aim of the bar is to secure that high quality legal advice

orally, before courts and tribunals – and also provide expert legal advice.

and skilled legal representation is available to anyone who

The Lord President (the Rt Hon Lord Gill), 5 February 2014

needs it, throughout Scotland. Advocates offer a wide range Advocates represent clients in all sorts of cases. In a criminal case, an

of skills and experience. Many advocates have specialist

advocate may be prosecuting or defending a person accused of a serious

expertise in particular areas of the law.

crime, such as murder or rape. In a civil case, an advocate might be pursuing or defending a personal injury claim, or a complex commercial or property

No advocate can refuse to act, without a good reason, to anyone

dispute. In judicial review, an advocate might be acting in a case about the

who offers a reasonable fee. This is known as the cab-rank rule.

lawfulness of a decision by a public authority or even legislation. In court,

It means that advocates cannot pick and choose their cases,

advocates are easy to recognise because they wear wigs and gowns.

and underpins access to justice for all the people of Scotland. Because of the cab-rank rule, every advocate is available to be

Each advocate is a self-employed independent professional, who has been

instructed by any solicitor in Scotland, whether a small firm in

admitted to the public office of advocate by the Court. The general principles

Lerwick or Motherwell, or a large firm in Edinburgh.

which are integral to an advocate’s function are: (1) independence; (2) trust and personal integrity; and (3) confidentiality.

Advocates come from all walks of life. They draw on a long tradition of excellence. Today, you may see an advocate wearing

Advocates who have demonstrated distinction in advocacy and other

a wig and gown, but using a smartphone, an ipad or a laptop.

professional qualities, and who have the necessary experience, may become QCs. QCs take on the more difficult and complex cases. In relation to court proceedings, advocates usually act on the instruction of solicitors. Advocates appear in courts and tribunals all over Scotland (as well as in the UK Supreme Court, the Court of Justice of the European Union and the European Court of Human Rights), but they are based in the Advocates Library in Parliament House. Here in Parliament Hall, you can often see advocates walking up and down discussing their cases.

The Faculty of Advocates

Sir Walter Scott Sir Walter Scott, one of the nation’s greatest novelists, was called to the Bar (that is, he qualified as an

All advocates belong to the Faculty of Advocates. The Faculty

advocate) in 1792 and held the office of Principal Clerk

is a democratic body, led by the Dean of Faculty and other

of Session from 1806 until 1830. Through the period

office-bearers, who are elected by a vote of the whole membership.

which saw his major literary activity and fame, he continued his daily work at Parliament House.

The Faculty requires lawyers who wish to become advocates to be trained to a high standard in the skills required of a professional

Advocates by

A statue of Scott, carved by John Greenshields in

advocate. It is responsible for the regulation of the profession.

John Kay, 1810

1835, can be seen on the west wall of the Hall.

The Faculty traces its origins to the foundation of the College of Justice in 1532. It has had a central role in maintaining and developing Scots law as a distinctive legal system. But it has also made an important contribution to Scottish culture and public life. Before 1925, the Advocates Library was, in effect, Scotland’s national library. Members of Faculty have included well-known literary figures such as Sir Walter Scott (whose statue you can see in the Hall today), Robert Louis Stevenson, and James Boswell. For centuries legal aid was not available for court cases and advocates accepted that they had a public duty to defend, free of charge, poor people facing criminal charges. This tradition is continued today through the Faculty of Advocates Free Legal Services Unit, which organises the services of advocates free of charge in deserving cases where no other source of funding is available.

“…we may all be proud that the Faculty of Advocates was at the forefront internationally of developing modern advocacy skills training…” “The Twenty First Century Bar: What Is It For?” an inaugural lecture delivered on 7 May 2014 by W James Wolffe, QC, Dean of the Faculty of Advocates.

Parliament House The Hidden Gem

“…unless there are skilled lawyers available to give advice to clients about their rights, access to the courts would be of limited value…” “The Twenty First Century Bar: What Is It For?” an inaugural lecture delivered on 7 May 2014 by W James Wolffe, QC, Dean of the Faculty of Advocates.

The Advocates Library The Advocates Library, founded in 1689, is widely regarded as the finest working law library in the UK. From the outset, the Library did not only collect legal texts, it also collected non-legal books and manuscripts. From 1709 it had legal deposit status, giving the Keeper of the Library the right to claim a copy of every book published in the British Isles. Over the years the Library became recognised as the natural home in Scotland for all legal, literary and scholarly materials. Under a series of distinguished keepers, including Thomas Ruddiman, David Hume and Adam Ferguson, the Library developed into one of Europe’s finest. By the 1850s the Advocates Library had, in effect, become Scotland’s National Library. Thomas Carlyle described it as “incomparably the best of all the libraries we have in Scotland”. By the early 20th century it had become difficult for a small privately funded body such as the Faculty of Advocates to maintain such an extensive collection. In 1925 the Faculty made a gift to the nation of 750,000 non-legal books, pamphlets, maps and sheet music to establish the National Library of Scotland. Many of the National Library’s treasures were gifted to the nation by the Faculty of Advocates. The Faculty continues to maintain a comprehensive collection of legal materials. It makes its stock available to members of the public through the National Library of Scotland. Today, the Advocates Library is situated in Parliament House, just off Parliament Hall. The main section of the Library was built in the 1830s to designs by William Playfair.

“…it is its role throughout its history, and the role of its members in sustaining and promoting the rule of law in Scotland, and in articulating, maintaining and developing Scots law that has been the Faculty’s great and continuing contribution to our national culture…” “The Twenty First Century Bar: What Is It For?” an inaugural lecture delivered on 7 May 2014 by W James Wolffe, QC, Dean of the Faculty of Advocates.