In modern times, most judges appointed as Lord Justice Clerk later become Lord President of the Court of Session.
Originallyclericus justiciarie or Clerk to the Court of Justiciary, the counterpart in the criminal courts of theLord Clerk Register, the status of the office increased over time and the Justice-Clerk came to claim a seat on theBench by practice and custom. This was recognised by thePrivy Council of Scotland in 1663 and the Lord Justice Clerk became the effective head of the reformedHigh Court of Justiciary in 1672 when the court was reconstituted. The Lord Justice Clerk now rarely presides at criminal trials in the High Court, with most of their time being spent dealing with civil and criminal appeals.
The Lord Justice Clerk has the title in both theCourt of Session and theHigh Court of Justiciary and, asPresident of the Second Division of the Inner House, is in charge of the Second Division of Judges of theInner House of the Court of Session. The office is one of theGreat Officers of State of Scotland.
^Alan de Lawedre was Justiciary Clerk "upon the south side of the Water of Forth" and received, in 1374, a pension for same of £10 per annum. Refer: "Early Notices of the Bass Rock and its Owners" by John J. Reid, BA., FSA Scot., in "Proceedings of the Society of Antiquaries of Scotland", 14 December 1885, p. 56.
For listings to 1637 (may be wanting) refer toThe Staggering State of the Scots' Statesmen, bySir John Scot of Scotstarvet, Director of Chancery, Edinburgh, 1754, p. 183.
1 Office is either vested in the Crown, or vacant.Status is currently debated. 2 There is debate around whether these offices constitute Officers of the Crown.
.svg)
.svg)