By Mark Godfrey
This ebook bargains a primary reassessment of the origins of a crucial court docket in Scotland. It examines the early judicial position of Parliament, the advance of 'the consultation' within the 15th century as a judicial sitting of the King's Council, and its reconstitution because the university of Justice in 1532. Drawing on new archival study into jurisdictional switch, litigation and dispute cost, the booklet breaks with proven interpretations and argues for the overriding importance of the basis of the varsity of Justice as a superb principal courtroom administering civil justice. This signalled a primary transformation within the medieval criminal order of Scotland, reflecting a ecu development within which new courts of justice constructed out of the jurisdiction of royal councils.
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Additional info for Civil Justice in Renaissance Scotland: the origins of a central court (Medieval Law and Its Practice)
G. O. Sayles, “The Scottish parliaments of Edward I”, Scottish Historical Review 25 (1928), 300–317 at p. 303; Duncan, “The Central Courts before 1532”, p. 323; supported by McQueen, “The origins and development of the Scottish parliament”, pp. 148–149, 152, 158, 160, and by McQueen, “Parliament, the Guardians and John Balliol”, p. 41. 37 Duncan, “Early parliaments”, p. 46. 38 “The Scottish king’s household”, pp. 31, 37–38. 39 “The Scottish king’s household”, pp. 37, 43. 40 McQueen, “Parliament, the Guardians and John Balliol”, p.
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.
20. Examples can be found in D. Stevenson, The Scottish Revolution 1637–1644 (Newton Abbot, 1973), pp. 80–81 (following proclamations issued by privy council), p. 119 (general assembly), p. 176 (parliament). W. D. thesis, 1966), pp. 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.