The office of Lord Clerk Register is the oldest surviving
Great Officer of State
Government in medieval monarchies generally comprised the king's companions, later becoming the Royal Household, from which the officers of state arose, initially having household and government duties. Later some of these officers became ...
in
Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
, 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
, type = Non-ministerial government department
, logo = National Records of Scotland logo.svg
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, picture =
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, picture_caption =
, formed =
, preceding1 = National Archives of Scotland
, preceding2 = General Regi ...
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
This is a list of wars of independence (also called liberation wars
Wars of national liberation or national liberation revolutions are conflicts fought by nations to gain independence. The term is used in conjunction with wars against for ...
, 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 Westminste ...
in the new
British parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
, 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
Honour (British English) or honor (American English; see spelling differences) is the idea of a bond between an individual and a society as a quality of a person that is both of social teaching and of personal ethos, that manifests itself as a ...
.
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
, type = Non-ministerial government department
, logo = National Records of Scotland logo.svg
, logo_width =
, picture =
, picture_width =
, picture_caption =
, formed =
, preceding1 = National Archives of Scotland
, preceding2 = General Regi ...
.
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. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian on the southern shore of t ...
. 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 Lo ...
to the office of Lord Clerk Register, replacing the
Earl of Wemyss and March
Earl of Wemyss ( ) is a title in the Peerage of Scotland created in 1633. The Scottish Wemyss family had possessed the lands of Wemyss in Fife since the 12th century. Since 1823 the earldom has been held with the Earldom of March, created in ...
. The Lord Clerk Register remains a
Commissioner for the Regalia and the
Keeper of the Signet
The office of Lord Clerk Register is the oldest surviving Great Officer of State in Scotland, with origins in the 13th century. It historically had important functions in relation to the maintenance and care of the public records of Scotland. Tod ...
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, and before the
Lord Advocate
His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved p ...
and
Lord Justice-Clerk
Office holders
''incomplete list''
* William,
Bishop of St Andrews
* Simon de Quincy
* Nicolas, ''Clericus'' to
Malcolm IV
Malcolm IV ( mga, Máel Coluim mac Eanric, label=Medieval Gaelic; gd, Maol Chaluim mac Eanraig), nicknamed Virgo, "the Maiden" (between 23 April and 24 May 11419 December 1165) was King of Scotland from 1153 until his death. He was the eldest ...
* 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
Nicholas Otterbourne or Otterburn (c.1400–1462) was a Scottish churchman and official, clerk register of Scotland and a diplomat.
Life
Otterbourne is mentioned on 9 January 1450 as Master of Arts, canon of Glasgow Cathedral, and official of Loth ...
* 1466: Fergus McDowall
* 1471:
David Guthrie David Guthrie may refer to:
* David Guthrie (New Zealand politician) (1856–1927)
* Sir David Guthrie (lord treasurer) (fl. 1457–1479), lord treasurer of Scotland in 1461
* David Guthrie (British politician) (1861–1918)
See also
*
{{hndi ...
of that Ilk
* 1473:
John Layng, Rector of
Newlands, Glasgow
Newlands is an affluent suburb in the south side of Glasgow, Scotland. The area is mainly residential in character. Shawlands and Langside lie to the north of the district (the White Cart Water forming the boundary), Pollokshaws and Auldhouse ...
* 1477:
Alexander Inglis
Alexander Inglis (died 1496) was a Scottish cleric and royal clerk. He was the son of one George Inglis and his wife Margeret.Dowden, ''Bishops of Scotland'', p. 78. At some point in his life he had attended university and obtained a Licentiate ...
, afterwards Deacon of
Dunkeld
Dunkeld (, sco, Dunkell, from gd, Dùn Chailleann, "fort of the Caledonians") is a town in Perth and Kinross, Scotland. The location of a historic cathedral, it lies on the north bank of the River Tay, opposite Birnam. Dunkeld lies close to t ...
* 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 popul ...
* 1482: Alexander Scot, Rector of
Wigton
Wigton is a market town in the Allerdale borough of Cumbria, England. Historically in Cumberland, it lies just outside the Lake District in the borough of Allerdale. Wigton is at the centre of the Solway Plain, between the Caldbeck Fells an ...
* 1488: William Hepburn, Vicar of
Linlithgow
Linlithgow (; gd, Gleann Iucha, sco, Lithgae) is a town in West Lothian, Scotland. It was historically West Lothian's county town, reflected in the county's historical name of Linlithgowshire. An ancient town, it lies in the Central Belt on a ...
* 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 popul ...
* 1492: John Fraser, Rector of
Restalrig
Restalrig () is a small residential suburb of Edinburgh, Scotland (historically, an estate and independent parish).
It is located east of the city centre, west of Craigentinny and to the east of Lochend, both of which it overlaps. Restalri ...
* 1497: Walter Drummond, Deacon of
Dunblane
Dunblane (, gd, Dùn Bhlàthain) is a small town in the council area of Stirling in central Scotland, and inside the historic boundaries of the county of Perthshire. It is a commuter town, with many residents making use of good transport links ...
* 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), and ...
* Sir Stephen Lockhart, appointed by
James IV
James IV (17 March 1473 – 9 September 1513) was King of Scotland from 11 June 1488 until his death at the Battle of Flodden in 1513. He inherited the throne at the age of fifteen on the death of his father, James III, at the Battle of Sauch ...
* 1531:
Sir James Foulis of Colinton
* 1548: Sir Thomas Marjoribanks of Ratho
* 1554:
James MacGill of Nether Rankeillour
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 S ...
, 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 wes ...
* 1565:
James Balfour of Pittendreich
* 1567:
James MacGill 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
Earl of Haddington is a title in the Peerage of Scotland. It was created in 1627 for the noted Scottish lawyer and judge Thomas Hamilton, 1st Earl of Melrose. He was Lord President of the Court of Session from 1616 to 1625. Hamilton had alread ...
* 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
John is a common English name and surname:
* John (given name)
* John (surname)
John may also refer to:
New Testament
Works
* Gospel of John, a title often shortened to John
* First Epistle of John, often shortened to 1 John
* Second ...
* 1641: Sir
Alexander Gibson, Lord Durie, younger of Durie
* 1649:
Archibald Johnston, Lord Warriston
* 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, da ...
, of Chester (until 1676)
* c1690:
Sir Thomas Burnett, 3rd Baronet
Sir Thomas Burnett of Leys, 3rd Baronet, (ca. 1658 – January 1714), Lord Clerk Register, PC, MP. He was, at Stonehaven, 21 April 1664, retoured as heir to his father, Sir Alexander Burnett, 2nd Baronet who had died the previous year. The 3rd ...
of Leys
* 1696-1702:
Charles Douglas, 2nd Earl of Selkirk
Charles Douglas, 2nd Earl of Selkirk ( Hamilton) PC (3 February 1663 – 13 March 1739) was a Scottish aristocrat and courtier.
Early life
Hamilton was born 3 February 1663. He was the third, but second surviving, son of William Hamilton, Duke o ...
* November 1702 - June 1704:
Sir James Murray, Lord Philiphaugh[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
David Boyle, 1st Earl of Glasgow (c. 1666 – 31 October 1733) was a Scottish politician and peer. He was the last Treasurer-depute before the Union with England.
Early life
David Boyle was born circa 1666 at Kelburn Castle, Fairlie, in Nor ...
* 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
Charles Douglas, 2nd Earl of Selkirk ( Hamilton) PC (3 February 1663 – 13 March 1739) was a Scottish aristocrat and courtier.
Early life
Hamilton was born 3 February 1663. He was the third, but second surviving, son of William Hamilton, Duke o ...
* 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
James Douglas, 14th Earl of Morton, KT, PRS (1702 – 12 October 1768) was a Scottish astronomer and representative peer who was president of the Philosophical Society of Edinburgh from its foundation in 1737 until his death. He also became ...
* 1761 Sir Gilbert Elliot, 2nd Baronet
* 1768: Lord Frederick Campbell
Lord Frederick Campbell (20 June 1729 – 8 June 1816) was a Scottish nobleman and politician. He was lord clerk register of Scotland, 1768–1816; Member of Parliament (MP) for Glasgow Burghs (1761–1780) and for Argyllshire (1780–1799).
B ...
* 1816: Archibald Campbell Colquhoun
* 1821: William Dundas
William Dundas (1762–1845) was a Scottish politician.
The son of Robert Dundas, of Arniston, the younger, he became a barrister at Lincoln's Inn in 1788. He was member of parliament (MP) for the Anstruther Burghs from 1794 to 1796, for t ...
* 1841: James Andrew Broun-Ramsay, 1st Marquess of Dalhousie
James Andrew Broun-Ramsay, 1st Marquess of Dalhousie (22 April 1812 – 19 December 1860), also known as Lord Dalhousie, styled Lord Ramsay until 1838 and known as The Earl of Dalhousie between 1838 and 1849, was a Scottish statesman and co ...
* 1862: Sir William Gibson Craig of Riccarton
* 1879: George Frederick Boyle, 6th Earl of Glasgow
George Frederick Boyle, 6th Earl of Glasgow (9 October 1825 – 23 April 1890), was a Scottish nobleman.
He was the son of George Boyle, 4th Earl of Glasgow, and Julia Sinclair, daughter of Sir John Sinclair, 1st Baronet.
In February 1847, Boy ...
* 1890: Douglas Beresford Malise Ronald Graham, 5th Duke of Montrose
Douglas Beresford Malise Ronald Graham, 5th Duke of Montrose Order of the Thistle, KT (7 November 1852 – 10 December 1925), initially styled as the Marquess of Graham, was a Scottish nobleman, racehorse owner, soldier and the 5th Duke of Mont ...
* 1926: John Charles Montagu-Douglas-Scott, 7th Duke of Buccleuch
John Charles Montagu Douglas Scott, 7th Duke of Buccleuch and 9th Duke of Queensberry, (30 March 1864 – 19 October 1935), styled The Honourable John Montagu Douglas Scott until 1884, Lord John Montagu Douglas Scott between 1884 and 1886 ...
, 9th Duke of Queensberry
* 1935: Walter John Francis Erskine, 12th Earl of Mar
Walter may refer to:
People
* Walter (name), both a surname and a given name
* Little Walter, American blues harmonica player Marion Walter Jacobs (1930–1968)
* Gunther (wrestler), Austrian professional wrestler and trainer Walter Hahn (born 19 ...
, 14th Earl of Kellie
* 1944: Sidney Herbert Elphinstone, 16th Baron Elphinstone
Sidney Herbert Elphinstone, 16th Lord Elphinstone and 2nd Baron Elphinstone, (27 July 1869 – 28 November 1955) was a British nobleman.
Early life
Sidney Herbert Elphinstone was born at Carberry Tower south-east of Edinburgh on 27 July 1869. ...
* 1956: Walter John Montagu-Douglas-Scott, 8th Duke of Buccleuch
Walter John Montagu Douglas Scott, 8th Duke of Buccleuch and 10th Duke of Queensberry, (30 December 1894 – 4 October 1973) was a British peer and Conservative politician.
Early life and education
Walter John Montagu Douglas Scott was born on 3 ...
, 10th Duke of Queensberry
* 1974: Francis David Charteris, 12th Earl of Wemyss and March
* 2007: James Mackay, Baron 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 ...
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 adopti ...
* Lord Justice Clerk
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session.
Originally ''clericus justiciarie'' or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord ...
{{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