By Mark Godfrey

This ebook bargains a basic reassessment of the origins of a relevant court docket in Scotland. It examines the early judicial position of Parliament, the improvement of 'the consultation' within the 15th century as a judicial sitting of the King's Council, and its reconstitution because the collage of Justice in 1532. Drawing on new archival examine into jurisdictional switch, litigation and dispute payment, the ebook breaks with demonstrated interpretations and argues for the overriding importance of the root of the varsity of Justice as a splendid crucial courtroom administering civil justice. This signalled a primary transformation within the medieval criminal order of Scotland, reflecting a eu development within which new courts of justice constructed out of the jurisdiction of royal councils.

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54 MacQueen, Common Law and Feudal Society, pp. 137–140. 55 MacQueen, “Canon Law, Custom and Legislation”, pp. 243–249; Sellar, “The common law of Scotland”, p. 88. 56 Equally, Parliament was never the forum in which to raise such an action. e. those in standard form relating to established forms of remedy) could be addressed to King and Council directly, in Parliament or otherwise. The very structure of the procedure presupposed the direction of a brieve to a local (albeit royal) judge who could carry out the royal instructions on the ground.

S. Rait, The Parliaments of Scotland (Glasgow, 1924), p. L. MacQueen, “Canon Law, Custom and Legislation: Law in the Reign of Alexander II”, in The Reign of Alexander II, 1214–1249, ed. D. Oram (Leiden, 2005), pp. 221–251 at p. 232. 24 Duncan, “The Central Courts before 1532”, p. 321. L. MacQueen, “Tears of a legal historian: Scottish feudalism and the Ius Commune”, Juridical Review (2003), 1–28 at p. 8. 26 Duncan, “The Central Courts before 1532”, p. 322. B. McQueen, “Parliament, the Guardians and John Balliol, 1284–1296”, in The History of the Scottish Parliament, Volume I.

253–259. B. Thomson, The Parliament of Scotland, 1690–1702 (London, 1929), pp. 100–102. See also Gray, “The judicial proceedings of the parliaments of Scotland, 1660–1688”; Tompson, Islands of the Law, pp. 40–42. R. MacDonald, “Deliberative processes in parliament c. 1567–1639: multicameralism and the lords of the articles”, Scottish Historical Review 81 (2002), 23–51 at pp. 31–32.

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