Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Introduction
- FOUNDATION AND CONTINUITY
- 1 From Claves Curiae to Senators of the College of Justice: Changing Rituals and Symbols in Scottish Courts
- 2 English Looters and Scottish Lawyers: The Ius Commune and the College of Justice
- 3 Ius Civile in Scotland, c 1600
- 4 The Law, the Advocates, and the Universities in Late Sixteenth-Century Scotland
- 5 Scottish Law, Scottish Lawyers, and the Status of the Union
- 6 Natural Law, National Laws, Parliaments, and Multiple Monarchies: 1707 and Beyond
- 7 Attitudes to Codification and the Scottish Science of Legislation, 1600–1830
- SIGNIFICANCE OF DUTCH HUMANISM
- DEVELOPMENT OF THE LEGAL PROFESSION
- BLACKSTONE, FEUDALISM, AND INSTITUTIONAL WRITINGS
- Index
1 - From Claves Curiae to Senators of the College of Justice: Changing Rituals and Symbols in Scottish Courts
from FOUNDATION AND CONTINUITY
Published online by Cambridge University Press: 25 October 2017
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Introduction
- FOUNDATION AND CONTINUITY
- 1 From Claves Curiae to Senators of the College of Justice: Changing Rituals and Symbols in Scottish Courts
- 2 English Looters and Scottish Lawyers: The Ius Commune and the College of Justice
- 3 Ius Civile in Scotland, c 1600
- 4 The Law, the Advocates, and the Universities in Late Sixteenth-Century Scotland
- 5 Scottish Law, Scottish Lawyers, and the Status of the Union
- 6 Natural Law, National Laws, Parliaments, and Multiple Monarchies: 1707 and Beyond
- 7 Attitudes to Codification and the Scottish Science of Legislation, 1600–1830
- SIGNIFICANCE OF DUTCH HUMANISM
- DEVELOPMENT OF THE LEGAL PROFESSION
- BLACKSTONE, FEUDALISM, AND INSTITUTIONAL WRITINGS
- Index
Summary
INTRODUCTION
The early history of Scots law is insufficiently documented to allow much insight into the use of symbols and rituals in practice. There are hints as to what there may have been. For example, keepers of relics were involved in particular procedures in pursuit of stolen goods. From this we can infer that certain ritual or symbolic practices were likely. As over much of Europe, the rituals surrounding the ordeal and the judicial duel were practised, until the Church ceased co-operation with the former, the latter lasting in some circumstances until quite late in the Middle Ages.
Although there is a lack of evidence directing attention to symbolic communication before actual courts in Scotland, it is possible to consider how the very constitution of a court in the Middle Ages was in itself a symbolic communication, instructing those who attended or observed not only in the law and its procedures, but also in its values. This chapter will accordingly discuss aspects of the ceremonies involved in constituting a court in Scotland in the Middle Ages, focusing on a sixteenth-century description of what were called the claves curiae, the “keys of the court”, necessary for its proper constitution. Analysis of this will then be followed by that of a later description of a ceremony of admission as a lawyer, a ceremony rich in ritual and symbolism. This description permits appreciation of the significant change in Scottish legal culture: a change that created a court dealing in the learned law of the ius commune, in the proceedings of which much was reduced to writing, deliberations were secret, and legal professionals were much more clearly in charge.
- Type
- Chapter
- Information
- Law, Lawyers, and HumanismSelected Essays on the History of Scots Law, Volume 1, pp. 3 - 21Publisher: Edinburgh University PressPrint publication year: 2015