Legal institutions of Scotland in the High Middle Ages facts for kids
Scottish legal institutions in the High Middle Ages were the rules and systems that helped manage society in Scotland between the years 900 and 1288. This time is often called the High Middle Ages in Europe. During this period, Scottish society was mostly Gaelic, meaning people spoke a language related to Irish.
Early Gaelic law books, written around the 9th century, show that people cared a lot about family ties, social status, honor, and how to deal with arguments or "blood feuds" between families. The early Scottish lawman, called a Breitheamh, later became known by the Latin word Judex. A very important Breitheamh was called a magnus Judex, which likely led to the job of Justiciar. This important legal role still exists today as the Lord Justice General.
Scottish common law started to form towards the end of this period. It mixed Gaelic and Celtic law with new ideas from Anglo-Norman England and other parts of Europe.
Early Scottish Law
We don't have a lot of detailed information about the laws used by the native Scots before the 1300s. There aren't many old Scottish law books left, especially compared to the many that survived from early medieval Ireland. However, Irish law gives us some clues about what Scottish law might have been like.
King Robert Bruce once said that the Scots and Irish were one people because they shared common "customs" and language. One of the oldest Scottish legal writings we still have is called Leges inter Brettos et Scottos. This document is written in French, but it was almost certainly translated from an older Gaelic text.
This text contains many Gaelic words. For example, Cro comes from the Old Irish word cró, which means a killing or the payment made to make up for a killing. Galnys is from a Welsh word and means the same thing. Enauch is like the Old Irish word enech, which meant "face" or "honor price."
Later legal documents, written in Latin and Middle English, also include more Gaelic legal terms. Some examples are:
- slains (meaning freedom or exemption)
- tocher (meaning a dowry, which is money or property a bride brings to her marriage)
- culrath (meaning a surety or pledge)
We also know a lot about early Gaelic law, often called Brehon Laws. This helps us understand how native legal practices worked in Scotland. By the 12th and 13th centuries, new legal ideas from Europe, like Canon law (church law) and Anglo-Norman practices, started to have a bigger impact on Scottish law.
The Judex: Early Lawmen
A Judex (pronounced "YOO-dex") was what people in medieval Gaelic Scotland called a Brithem or Breitheamh. Later, in English, they were sometimes called a doomster. This job was very Gaelic in nature, and scholars usually don't translate the term. It likely continued the ancient Gaelic tradition of lawmen, similar to the Brehons in Ireland.
However, sometimes the term Judex was also used for similar officials in the English-speaking parts of the Scottish king's lands. Most Judices in the north of Scotland or in the south-west region of Galloway had Gaelic names.
Judices were often royal officials. They oversaw the courts run by local lords (barons) or abbots (heads of monasteries). It seems that by the 13th century, these officials were assigned to specific areas or provinces. For example, we know of someone called Bozli judice Mernis, which means "Bozli, Brehon of The Mearns" (a region in Scotland). There was also an official called the judex regis, or "King's Brehon," which might have been a way to rank different Gaelic lawmen.
The Justiciar: A Key Legal Role
After the time of King David I (who ruled from 1124-1153), the most important law official in the Kingdom of the Scots was the Justiciar. This role had some roots in Anglo-Norman England, but in Scotland, especially north of the Forth River, it continued an older Scottish office.
For example, a powerful lord named Mormaer Causantín of Fife was called judex magnus (meaning "great Brehon"). It seems that the Justiciarship of Scotia (the Gaelic-speaking part of Scotland) was simply a more Latin or Norman way of referring to this important position.
By the mid-13th century, the Justiciar's duties became very clear and official. They were responsible for watching over the actions of royal sheriffs and sergeants, who were local law enforcers. The Justiciar also held courts and reported directly to the king about these matters.
Usually, there were two main Justiciarships, divided by language: the Justiciar of Scotia (for the Gaelic-speaking areas) and the Justiciar of Lothian (for the English-speaking areas). Sometimes there was also a Justiciar of Galloway. The Justiciarship of Lothian started during the reign of Máel Coluim IV. As English language and influence spread westward in the 13th century, Lothian came to include not only the south-east but also areas like Stirling, Lanark, Dumbarton, and Ayr.
When Edward I of England conquered Scotland, he divided the country into four justiciarships, each with two justiciars. These were: Scotia north of the Grampian Mountains, Scotia south of the Grampians, Lothian, and Galloway.
