King James I Settles a Dispute Within One of His Realm’s Most Prominent Legal Families

Sir John Skene of Curriehill was a prominent 16th century lawyer who held the positions of Lord Register and Lord of Session, equivalent to elevation to the Supreme Court Bench. He is remembered for his works on Scottish law, including “Regis Majestatem”, a source on the laws of Scotland previous to King James VI (who became King James I of England), and the “Law Dictionary”, the first Scottish attempt to define the language of the law. In 1611 Sir John wrote a resignation in favor of his son James, with a charge to James to take it to court but not to use it unless he found the King willing to grant him the father’s office. However, at court the son agreed to make the resignation on behalf of his father upon receiving an ordinary judgeship, and the senior office was bestowed upon Sir Thomas Hamilton instead. Sir John felt betrayed by his son, and his anger and disappointment were deep. Another party involved was Sir John’s second son and namesake, known as John Skene of Halyards, who appears to have taken his father's part in the controversy and been his father’s next hope. The spat came to the attention of the King, who was alarmed at the dispute in one of his realm’s major legal families, and truly determined to reconcile father and sons. He acted as arbitrator, diligently trying to satisfy all parties. James Skene was at this point Clerk of the Bills, the official who took charge of managing cases being presented before the court; and part of the settlement, which took place in 1614, was that James would step down from that office, and and his brother John would be named by the King to succeed him. James would receive a promotion to Lord of Session as a reward for stepping down.

This letter evidences resolution of the King’s efforts at reconciliation. Letter signed, “At our manor of Theobalds, the last of January 1614”, to Alexander Seton, the Earl of Dunfermline, whom he addresses as “Our Right Trusty and Right Well Beloved Cousin and Counsellor, The Earl of Dunfermline, Our Chancellor of our Kingdom of Scotland” (the Chancellor was effectively the King’s prime minister).  “Right trusty and right well beloved cousin end counsellor, we greet you well. Having composed all controversies betwixt Sir John Skene and his son, and discerned in all matters as well betwixt them as the two sons, which were submitted to our arbitrement, we have thought good, for certain special respects, to require you to see the whole points of our decrete arbitral with all convenient expedition to be hinc inde [Latin for ‘from both sides’] fulfilled; And because the special point whereon all the rest do in a manner depend is the demission of the office of Clerkship of the Bills, that part being performed the rest of necessity will follow, and therefore be it our special pleasure that if need so require ye will earnestly urge the fulfilling of that point, which not doubting but ye will sufficiently and willingly bring to pass, we bid you hearty farewell.” From the wording here, it appears the settlement was fragile, and that quick implementation was necessary to preserve it.