History of Scots law

[1] The earliest preserved Scottish law code is the Leges inter Brettos et Scottos, promulgated under David I (r. 1124 – 1153) and regulating Welsh and Gaelic custom.

There is evidence to suggest that as late as the 17th century marriage laws in the Highlands and Islands still reflected Gaelic custom, contrary to Catholic religious principles.

[3] The Outer Hebrides were added after the Battle of Largs in 1263 and the Northern Isles were acquired in 1469, completing what is today the legal jurisdiction of Scotland.

[7] The sheriffs were originally appointed by the King as royal administrators and tax collectors but their powers grew and as early as 1214 they were holding court to hear a variety of cases.

[9] Burghs, towns which had been given this special status usually by the King, also had their own set of local laws dealing mostly with commercial and trade matters.

[11] Ecclesiastical courts also played an important role in Scotland as they had exclusive jurisdiction over matters such as marriage, contracts made on oath, inheritance and legitimacy.

[12] These courts, unlike their lay counterparts, were generally staffed by educated men who were trained in both Roman and Canon law and offered a more sophisticated form of justice.

[15] Under Robert the Bruce the importance of the Parliament of Scotland grew as he called them more frequently and its composition shifted to include more representation from the burghs and lesser landowners.

[16][17] In 1318, a parliament at Scone enacted a code of law that drew upon older practices, but it was also dominated by current events and focused on military matters and the conduct of the war.

[25] The Parliament of Scotland was normally called on an annual basis during this period, with the notable exception of King James IV, and its membership was further defined.

[29] Throughout the late 15th century various unsuccessful attempts were made to form commissions of experts to codify, update or define Scots law.

[32] In 1532, when the College of Justice established rules of practice and a closed list of ten lawyers permitted to appear before them, six had studied law abroad.

The transfer of legislative power to London and the introduction of appeal to the House of Lords (now to the Supreme Court of the United Kingdom) brought further English influence.