The Society of Writers to His Majesty's Signet is a private society of
Scottish solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
s, dating back to 1594 and part of the
College of Justice
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, the Office of the Accountant of Court, an ...
. Writers to the Signet originally had special privileges in relation to the drawing up of documents required to be signeted, but these have since disappeared and the Society is now an independent, non-regulatory association of solicitors. The Society maintains the Category A listed Signet Library, part of the
Parliament House complex in
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 ...
, and members of the Society are entitled to the postnominal letters WS.
History
Solicitors in Scotland were previously known as "writers"; Writers to the Signet were the solicitors entitled to supervise use of the King's
Signet, the private seal of the early
Kings of Scots
The monarch of Scotland was the head of state of the Kingdom of Scotland. According to tradition, the first King of Scots was Kenneth I MacAlpin (), who founded the sovereign state, state in 843. Historically, the Kingdom of Scotland is thoug ...
. Records of that use date back to 1369.
In 1532, the Writers to the Signet were included as Members in the newly established
College of Justice
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, the Office of the Accountant of Court, an ...
, along with the
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constitu ...
and the Clerks of the
Court of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
. The Society was established in 1594, when the King's Secretary, as Keeper of the Signet, gave commissions to a Deputy Keeper and 18 other writers.
Writers to the Signet began as clerks to the Keeper of the Signet, and were afforded the privileges of freedom from taxation by the
Burgh
A burgh is an autonomous municipal corporation in Scotland and Northern England, usually a city, town, or toun in Scots. This type of administrative division existed from the 12th century, when King David I created the first royal burghs. Burg ...
of
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 ...
, exemption from
military duty
Military service is service by an individual or group in an army or other militia, air forces, and naval forces, whether as a chosen job (volunteer) or as a result of an involuntary draft ( conscription).
Some nations (e.g., Mexico) require ...
, and
rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client.
In English law, there is a fundamental distinction between barristers, who have rights of audience in the ...
before the
bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (u ...
of the College of Justice. Writers were involved in drawing up
summonses to the Court of Session. Writers were, however, ''
de jure
In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' prohibited from acting as
procurators but ''
de facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' this was often ignored.
In 1599 it was proposed that the
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constitu ...
and the Society of Writers be merged into a single organisation, but the Writers were against it. Such an idea was again proposed in 1633, but the Writers again opposed it.
In civil actions in the
Court of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
a pursuer is required to have his writ stamped with the Signet to give him authority from the monarch to serve the writ on the defender. That conferral, called "passing the Signet," was previously carried out by the Signet Office, the administration of which was one of the Society's responsibilities. In 1976 the Signet Office was merged into the General Department of the Court of Session and the Society was relieved of any responsibility for it. Nevertheless, the requirement of "passing the Signet" survives.
The Signet Library
The Signet Library was designed by
Robert Reid with interiors by
William Stark. It was finished in 1822 in time for the visit to Edinburgh of
George IV
George IV (George Augustus Frederick; 12 August 1762 – 26 June 1830) was King of the United Kingdom of Great Britain and Ireland and King of Hanover from the death of his father, King George III, on 29 January 1820, until his own death ten y ...
.
William Henry Playfair
William Henry Playfair FRSE (15 July 1790 – 19 March 1857) was a prominent Scottish architect in the 19th century, who designed the Eastern, or Third, New Town and many of Edinburgh's neoclassical landmarks.
Life
Playfair was born on 15 ...
and
William Burn
William Burn (20 December 1789 – 15 February 1870) was a Scottish architect. He received major commissions from the age of 20 until his death at 81. He built in many styles and was a pioneer of the Scottish Baronial Revival,often referred t ...
were also involved in working on the building. The building is a classical masterpiece and is a category A listed building.
Today
The Society has become an independent professional body of solicitors. Its stated purpose is "promoting the highest standards in legal services" through the provision of education services including the
Professional Competence Course (PCC) and courses in
Continuing Professional Development
Professional development is learning to earn or maintain professional credentials such as academic degrees to formal coursework, attending conferences, and informal learning opportunities situated in practice. It has been described as intensive ...
(CPD).
Keeper of the Signet
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 ...
is one of the
Great Officers 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 ...
of Scotland, and is one of the offices held by the
Lord Clerk Register
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. To ...
under the Public Offices (Scotland) Act 1817 (c 64), s 5. The current Keeper of the Signet is
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 ...
, former
Lord Advocate
, body =
, insignia = Crest of the Kingdom of Scotland.svg
, insigniasize = 110px
, image = File:Official Portrait of Dorothy Bain QC.png
, incumbent = Dorothy Bain KC
, incumbentsince = 22 June 2021
, appointer = Monarch on the advice ...
of Scotland and
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
of the United Kingdom.
The office is now a purely ceremonial one, as the Keeper of the Signet grants a commission to the
Principal Clerk of Session
The Principal Clerk of Session and Justiciary is the clerk of court responsible for the administration of the Supreme Courts of Scotland and their associated staff. The Keeper of the Signet grants a commission to the Principal Clerk of Sessio ...
to allow the Signet to be used. The Keeper of the Signet is the senior officer of the Society of Writers to the Signet and issues commissions to new members. Although the Society is a private body, the Register of Commissions forms part of the records of the Court of Session, held by the
National Archives of Scotland
The National Archives of Scotland (NAS) is the previous name of the National Records of Scotland (NRS), and are the national archives of Scotland, based in Edinburgh. The NAS claims to have one of the most varied collection of archives in Europe ...
. The Keeper does not exercise administrative functions over the Society, these being delegated to the Deputy Keeper. The present Deputy Keeper is Mandy Laurie WS.
Associate membership
Jurists, advocates and foreign lawyers may be granted associate membership of the Society. Associate members are entitled to use the designation: "Associate Writer to the Signet" with the postnominal letters, AWS. Prominent associate members include
Harvey McGregor QC and the late former President of Poland,
Lech Kaczyński
Lech Aleksander Kaczyński (; 18 June 194910 April 2010) was a Polish politician who served as the city mayor of Warsaw from 2002 until 2005, and as President of Poland from 2005 until his death in 2010. Before his tenure as president, he prev ...
.
See also
*
Edinburgh City Chambers
Edinburgh City Chambers in Edinburgh, Scotland, is the meeting place of the City of Edinburgh Council and its predecessors, Edinburgh Corporation and Edinburgh District Council. It is a Category A listed building.
History
The current building ...
References
External links
*
{{Authority control
14th-century establishments in Scotland
Organisations based in Edinburgh
Seals (insignia)
Legal organisations based in Scotland
College of Justice
1594 establishments in Scotland