The term Commissary Court is in use in Scots law and in the Church of England.
At the Scottish Reformation in 1560, the system of consistorial courts where bishops exercised their civil jurisdiction over executry and matrimonial cases broke down.
There were inferior Commissary Courts, with a jurisdiction based on that of the pre-Reformation episcopal diocese mainly in relation to testaments.
The courts largely adopted the old canon law, except where this was contrary to the reformed religion.
The office of commissary clerk of Edinburgh was retained, however, and the sheriff court of Edinburgh remained the proper forum for the confirmation of testaments of persons dying outside Scotland possessed of moveable estate there.