Lord Clerk Register
   HOME

TheInfoList



OR:

The office of Lord Clerk Register is the oldest surviving Great Officer of State in
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
, with origins in the 13th century. It historically had important functions in relation to the maintenance and care of the public records of Scotland. Today these duties are administered by the Keeper of the National Records of Scotland and the Keeper of the
Registers of Scotland Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 20 public registers. The official r ...
.


History of Office


Kingdom of Scotland

The first usage of the office appears in 1288, as Clerk of the Rolls of the Kings Chapel. It later was termed in 1291 as 'Keeper of the Rolls of the Kingdom of Scotland' After the Wars of Independence, a similar office appeared with the title of 'Clerk of the Rolls', which was altered about 1373 to 'Clerk of the Rolls and Register', the 'register' being the record of charters (ie: grants of land or titles of nobility) made under the Great Seal. While the Clerk of Rolls and Register was originally responsible for the records of Chancery, Parliament and Exchequer, but as the central civil court developed out of the king's council in the fifteenth century, he became responsible for its records too, and from 1483 he was 'Clerk of the Rolls, Register and Council'5. This court later became the Court of Session. By the fifteenth century, the Clerk Register ranked as an officer of state with a seat in Parliament and the council. By the sixteenth and seventeenth centuries more honorific styles such as 'Lord Register' or 'Lord Clerk Register' came to be adopted when describing the Clerk of Rolls. The Clerk Register remained responsible for the records of Parliament and its committees and commissions, the Exchequer, and the Court of Session (representing the judicial side of the old council). From the later sixteenth century statutory additions were made to his functions as new legal registers were put under his control, the most important being the Register of Sasines in 1617 with the passage of th
Registration Act 1617
By the time of the Union with the Kingdom of England in 1707, the office was known as the 'Clerk of the Registers and Rolls of the council, Session and Exchequer, and of all Commissions, Parliaments and Conventions of Estates'. Since 1488 appointments to the office have been made by the Sovereign by commission under the Great Seal.


Kingdom of Great Britain

The Treaty of Union in 1707 provided for the preservation of public records; and the office was also entrusted the election and management of the sixteen Scottish peers to the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
in the new British parliament, with two Clerks of Session commissioned by him to assist. However without the sitting of a Scottish Parliament or Scottish Privy Council, the Lord Clerk Register's duties fell greatly, remaining only entrusted with the court and other legal records.


United Kingdom of Great Britain and Ireland, later the United Kingdom of Great Britain and Northern Ireland

In 1806, a Royal Warrant established the office of Deputy Clerk Register, effectively reducing the duties of the Lord Clerk Registers to an honorary title. In 1817, the Public Offices (Scotland) Act 1817 (c 64) incorporated the offices of Lord Clerk Register with HM Keeper of the Signet. In 1818, a Royal Commission entrusted the officers of state, including the Lord Clerk Register for the time being, with the custody of the Scottish honours. In 1854, the Deputy Clerk Register's duties were also extended to the care of the records of births, deaths and marriages under th
Registration of Births, Deaths and Marriages (Scotland) Act 1854
which established the General Registry Office of Births, Deaths and Marriages. The Lord Clerk Register (Scotland) Act 1879 provided that the office of Lord Clerk Register would remain as a ceremonial Great Officer of State, with all duties passing to the Deputy Clerk Register. However, the Lord Clerk Register did retain an important function, responsibility for organising the election of peers of Scotland to the House of Lords, until the passage of the Peerage Act 1963. In 1928, the office of Deputy Clerk Register was abolished by the Reorganisation of Offices (Scotland) Act 1928, becoming the Keeper of the Registers and Records of Scotland. However, it came to be recognised that the keeping of records and the keeping of registers was too cumbersome a task to be entrusted to a single official. In 1948, the Public Registers and Records (Scotland) Act 1948 provided that the Registers of Scotland and Records of Scotland were to be split into two separate government organisations with two separate officials: (1) the Keeper of the Registers of Scotland and (2) the Keeper of the Records of Scotland. These individuals now run (1) the
Registers of Scotland Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 20 public registers. The official r ...
and (2) the National Records of Scotland.


Present

In 1996, the Commissioners of the Regalia were given additional responsibility for the Stone of Destiny, or the Stone of Scone, under another Royal Warrant, when the Stone was moved to
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
. The Scottish Executive announced on 27 April 2007 that the
Queen Queen or QUEEN may refer to: Monarchy * Queen regnant, a female monarch of a Kingdom ** List of queens regnant * Queen consort, the wife of a reigning king * Queen dowager, the widow of a king * Queen mother, a queen dowager who is the mother ...
had appointed
Lord Mackay of Clashfern James Peter Hymers Mackay, Baron Mackay of Clashfern, (born 2 July 1927) is a British advocate. He served as Dean of the Faculty of Advocates, Lord Advocate, and Lord Chancellor (1987–1997). He is a former active member of the House of L ...
to the office of Lord Clerk Register, replacing the Earl of Wemyss and March. The Lord Clerk Register remains a Commissioner for the Regalia and the Keeper of the Signet by virtue of the 1879 Act. As such the office is largely ceremonial. The Lord Clerk Register takes in the
order of precedence An order of precedence is a sequential hierarchy of nominal importance and can be applied to individuals, groups, or organizations. Most often it is used in the context of people by many organizations and governments, for very formal and state o ...
in Scotland after the
First Minister A first minister is any of a variety of leaders of government cabinets. The term literally has the same meaning as "prime minister" but is typically chosen to distinguish the office-holder from a superior prime minister. Currently the title of '' ...
(as Keeper of the Great Seal) and the
Lord Justice-General Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
, and before the Lord Advocate and Lord Justice-Clerk


Office holders

''incomplete list'' * William, Bishop of St Andrews * Simon de Quincy * Nicolas, ''Clericus'' to Malcolm IV * William de Bosch, Hugo, Galfrid, and Gregory, all served Alexander II * 1253: William Capellanus and Alexander de Carrick * 1323: Robert de Dunbar * John Gray, appointed by Robert II * 1426: John Schives, ''decretorum director'' * 1440: Richard Craig, Vicar of Dundee * 1442: George Shoriswood, Rector of Culter * 1449: Sir John Methven * 1450: John Arouse,
Archdeacon of Glasgow The Archdeacon of Glasgow was the head of the Archdeaconry of Glasgow, a sub-division of the Diocese of Glasgow. He was one of two archdeacons serving the Bishop of Glasgow, the other one being the Archdeacon of Teviotdale. This archdeacon (Glas ...
* 1455: Nicol Otterburn * 1466: Fergus McDowall * 1471: David Guthrie of that Ilk * 1473: John Layng, Rector of Newlands, Glasgow * 1477: Alexander Inglis, afterwards Deacon of Dunkeld * 1482: Patrick Leith, Canon of
Glasgow Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popu ...
* 1482: Alexander Scot, Rector of Wigton * 1488: William Hepburn, Vicar of Linlithgow * 1489: Richard Murehead, Deacon of
Glasgow Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popu ...
* 1492: John Fraser, Rector of Restalrig * 1497: Walter Drummond, Deacon of Dunblane * 1500: Gavin Dunbar, Archdeacon of St Andrews, afterwards Bishop of
Aberdeen Aberdeen (; sco, Aiberdeen ; gd, Obar Dheathain ; la, Aberdonia) is a city in North East Scotland, and is the third most populous city in the country. Aberdeen is one of Scotland's 32 local government council areas (as Aberdeen City), a ...
* Sir Stephen Lockhart, appointed by James IV * 1531: Sir James Foulis of Colinton * 1548: Sir Thomas Marjoribanks of Ratho * 1554: James MacGill of Nether Rankeillour, Parson of
Flisk Flisk ( gd, Fleasg meaning "Stalk" or "Rod") was a parish in Fife, Scotland. According to the 1853 Gazetteer, in part: "Flisk parish is bounded on the north by the Tay, on the south by Creich and Abdie, on the east by Balmerino and on the west ...
* 1565: James Balfour of Pittendreich * 1567:
James MacGill Sir James MacGill, Lord Rankeillor of Nether Rankeillour. (died 1579) was a Scottish courtier and Senator of the College of Justice. Sworn of the Privy Council by Mary, Queen of Scots in 1561, he became her Lord Clerk Register (Keeper of the Sc ...
of Nether Rankeillour * 1577: Alexander of Easter Kennet (d 1594) * 1594-1612: Sir John Skene of Curriehill * 1598: James Skeen, conjunct with his father * 1612: Sir Thomas Hamilton, afterwards 1st Earl of Haddington * 1612: Sir Alexander Hay of Whitburgh, Lord Newton * 1616: Sir George Hay of Netherleiffe * 1622: Sir John Hamilton of Magdalens, brother to the Earl of Haddington * 1632: Sir John Hay, Lord Barra * 1641: Sir Alexander Gibson, Lord Durie, younger of Durie * 1649:
Archibald Johnston, Lord Warriston Archibald Johnston, Lord Wariston (1611 – 1663) was a Scottish judge and statesman. He assisted Alexander Henderson in writing the Scottish National Covenant in 1638, and was appointed Procurator of the Kirk in the same year. He helped ne ...
* 1660:
Archibald Primrose, Lord Carrington Sir Archibald Primrose, 1st Baronet, Lord Carrington (16 May 1616 – 27 November 1679) was a notable Scottish lawyer, judge, and Cavalier. The eldest son of James Primrose (d.1641), Writer (solicitor) by his second (or third) wife Catherine, dau ...
, of Chester (until 1676) * c1690: Sir Thomas Burnett, 3rd Baronet of Leys * 1696-1702: Charles Douglas, 2nd Earl of Selkirk * November 1702 - June 1704:
Sir James Murray, Lord Philiphaugh Sir James Murray, Lord Philiphaugh PC (11 July 1655 – 1 July 1708) was a Scottish judge and politician who twice served as Lord Clerk Register from November 1702 to June 1704 and from April 1705 to July 1708, when he died in office. Ser ...
A. J. Mann, ‘Murray, Sir James, Lord Philiphaugh (1655–1708)’, ''
Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
'', Oxford University Press, 200
accessed 22 April 2012
/ref> * 1704-1705: James Johnston * April 1705 - July 1708: James Murray, Lord Philiphaugh *1708-14: David Boyle, 1st Earl of Glasgow * 1714: Archibald Campbell, Earl of Ilay, 3rd Duke of Argyll * 1716:
James Graham, 1st Duke of Montrose James Graham, 1st Duke and 4th Marquess of Montrose (April 16827 January 1742) was a Scottish aristocratic statesman in the early eighteenth century. Life He was the only son of James Graham, 3rd Marquess of Montrose and Lady Christian Leslie ...
* 1716:
Alexander Hume-Campbell, 2nd Earl of Marchmont Alexander Hume-Campbell, 2nd Earl of Marchmont (167527 February 1740), was a Scottish nobleman, politician and judge. Life The third but eldest surviving son of Patrick Hume, 1st Earl of Marchmont, by his spouse Grisel (d.1703), daughter of Sir ...
, 2nd Lord Polwarth * 1733: Charles Douglas, 2nd Earl of Selkirk * 1739:
William Kerr, 3rd Marquess of Lothian William Kerr, 3rd Marquess of Lothian, ( – 28 July 1767) was a Scottish nobleman, styled Master of Jedburgh from 1692 to 1703 and Lord Jedburgh from 1703 to 1722. Early life He was the son of William Kerr, 2nd Marquess of Lothian and Lady Jean ...
* 1756: Alexander Hume Campbell * 1760: James Douglas, 14th Earl of Morton * 1761 Sir Gilbert Elliot, 2nd Baronet * 1768: Lord Frederick Campbell * 1816: Archibald Campbell Colquhoun * 1821: William Dundas * 1841: James Andrew Broun-Ramsay, 1st Marquess of Dalhousie * 1862: Sir
William Gibson Craig Sir William Gibson Craig, 2nd Baronet, PC, FRSE (2 August 1797 – 12 March 1878), was a Scottish advocate and politician. Life He was born the first son of Sir James Gibson-Craig, 1st Baronet, and his wife, Anne Thomson. He was educated at t ...
of Riccarton * 1879: George Frederick Boyle, 6th Earl of Glasgow * 1890: Douglas Beresford Malise Ronald Graham, 5th Duke of Montrose * 1926: John Charles Montagu-Douglas-Scott, 7th Duke of Buccleuch, 9th Duke of Queensberry * 1935: Walter John Francis Erskine, 12th Earl of Mar, 14th Earl of Kellie * 1944: Sidney Herbert Elphinstone, 16th Baron Elphinstone * 1956: Walter John Montagu-Douglas-Scott, 8th Duke of Buccleuch, 10th Duke of Queensberry * 1974: Francis David Charteris, 12th Earl of Wemyss and March * 2007: James Mackay, Baron Mackay of Clashfern


References


See also

*
Registrar General for Scotland The General Register Office for Scotland (GROS) ( gd, Oifis Choitcheann a' Chlàraidh na h-Alba) was a non-ministerial directorate of the Scottish Government that administered the registration of births, deaths, marriages, divorces and adoptio ...
* Lord Justice Clerk {{Great Officers of State in the United Kingdom Great Officers of State of Scotland Positions within the British Royal Household Scots law formal titles Political office-holders in Scotland Lists of office-holders in Scotland Scots law