Justiciar of Scotia

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The Justiciar of Scotia (in Norman-Latin, Justiciarus Scotie) was the most senior legal office in the High Medieval Kingdom of Scotland. Scotia (meaning Scotland) in this context refers to Scotland to the north of the River Forth and River Clyde. The other Justiciar positions were the Justiciar of Lothian and the Justiciar of Galloway.

The institution has some Anglo-Norman origins, but in Scotland north of the Forth it represented some form of continuity with an older office, a senior version of a Judex or Brithem , a native Scottish lawman often with province-wide responsibilities. Mormaer Causantín of Fife was styled judex magnus (i.e. "great Brehon") in Scotia, and it is probable that the Justiciarship of Scotia was just a further Latinisation/Normanisation of that position. By the middle of the thirteenth century, the responsibilities of the Justiciar became fully formalised. He supervised the activity and behaviour of royal sheriffs and sergeants, held courts and reported on these things to the king personally.

List of Justiciars of Scotia, to 1449

The following list, going up to 1449, consists of names who appear as Justiciar of Scotia in sources. The sources, especially in the twelfth century, are far from exhaustive, and so many names are doubtless missing. In the earliest period, there could be more than one Justiciar in operation at the same point in time.

Related Research Articles

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Causantín or Constantine of Fife is the first man known for certain to have been Mormaer of Fife.

Donnchad II, anglicized as Duncan II or Dunecan II, succeeded his father Duncan I as Earl of Fife in childhood. As a child of the previous mormaer, he was entitled to succeed his father through primogeniture, but not to lead his kin-group, Clann MacDuib. That probably fell to his cousin, Aed mac Gille Míchéil. Like previous mormaers of Fife, Duncan II was appointed Justiciar of Scotia. Donnchad's minority also meant that Ferchar, Mormaer of Strathearn, took supreme place as head of the Gaelic nobility and guide for the boy-king Malcolm IV.

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Máel Coluim II, was a 13th-century Mormaer of Fife who ruled the mormaerdom or earldom of Fife between 1228 and 1266. He was the nephew of Máel Coluim I, the previous mormaer, and the son of Máel Coluim I's brother Donnchadh, son of Donnchadh II.

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Hugh [probably Gaelic: Aodh], was the third successor of Ferchar mac in tSagairt as Mormaer of Ross (1323–1333).

Fergus of Buchan was the last native Gaelic Mormaer of Buchan, and only the third to be known by name as Mormaer. Fergus appears to have had strong connections in Fife, and it is possible that his father Colbán was a Fifer. A charter issued by Fergus appears to have survived. The charter is a feudal charter granting lands to a subordinate. The charter had a few witnesses with French names, presumably a phenomenon related to his Comyn connections. Fergus had no male heirs, and married his only daughter Marjory to William Comyn, bringing Gaelic control of the Mormaership to an end. On Fergus' death, Buchan became the first native mormaerdom to pass into the hands of a foreign family

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Scottish legal institutions in the High Middle Ages are, for the purposes of this article, the informal and formal systems which governed and helped to manage Scottish society between the years 900 and 1288, a period roughly corresponding with the general European era usually called the High Middle Ages. Scottish society in this period was predominantly Gaelic. Early Gaelic law tracts, first written down in the ninth century reveal a society highly concerned with kinship, status, honour and the regulation of blood feuds. The early Scottish lawman, or Breitheamh, became the Latin Judex; the great Breitheamh became the magnus Judex, which arguably developed into the office of Justiciar, an office which survives to this day in that of Lord Justice General. Scottish common law began to take shape at the end of the period, assimilating Gaelic and Celtic law with practices from Anglo-Norman England and the Continent.

Walter Comyn, Lord of Badenoch was the son of William Comyn, Justiciar of Scotia and Mormaer or Earl of Buchan by right of his second wife.

<span class="mw-page-title-main">Alexander Comyn, Earl of Buchan</span> Scoto-Norman magnate in 13th century Kingdom of Scotland

Alexander Comyn, 2nd Earl of Buchan was a Scoto-Norman magnate who was one of the most important figures in the 13th century Kingdom of Scotland. He was the son of William Comyn, Lord of Badenoch, and Marjory, Countess of Buchan, the heiress of the last native Scottish Mormaer of Buchan, Fergus. He was the chief counsellor of Alexander III, King of Alba (Scotland) for the entire period of the king's majority and as Scotland's leading magnate, played a key role in safeguarding the independence of the Scottish monarchy. During his long career, Alexander Comyn was Justiciar of Scotia (1258–1289), Constable of Scotland (1275–1289), Sheriff of Wigtown (1263–1266), Sheriff of Dingwall (1264–1266), Baillie of Inverie and finally, Guardian of Scotland (1286–1289) during the first interregnum following the death of Alexander III. In 1284 he joined with other Scottish noblemen who acknowledged Margaret of Norway as the heiress to King Alexander. He died sometime after 10 July 1289.

<span class="mw-page-title-main">Alan Durward</span> 13th-century Scottish nobleman

Alan Hostarius was the son of Thomas de Lundin, a grandson of Gille Críst, Mormaer of Mar. His mother's name is unknown, but she was almost certainly a daughter of Máel Coluim, Mormaer of Atholl, meaning that Alan was the product of two Gaelic comital families.

The Justiciar of Lothian was an important legal office in the High Medieval Kingdom of Scotland.

<span class="mw-page-title-main">St Serf's Inch</span>

St Serf's Inch or St Serf's Island is an island in Loch Leven, in south-eastern Perth and Kinross, Scotland. It was the home of a Culdee and then an Augustinian monastic community, St Serf's Inch Priory.

Sir Andrew Moray, Lord of Petty was Justiciar of Scotia.

<span class="mw-page-title-main">Patrick de Graham</span>

Sir Patrick de Graham, Lord of Kincardine, was a 13th-century Scottish noble and soldier.

References

  1. Barrow, Prof. G.W.S., The Kingdom of Scots, London, 1973, pps:85 & 137, citing Bower & Fordun.
  2. Barrow, 1973, p.137.
  3. Barrow, 1973, p.106.
  4. Barrow, 1973, pps:97 & 106.
  5. Barrow, 1973, p.113.
  6. Barrow, 1973, p.85.
  7. Barrow, 1973, p.85
  8. Barrow, 1973, p.98.
  9. Barrow, 1973, p.138.
  10. Douglas, Sir Robert, Bt., The Baronage of Scotland, Edinburgh, 1798, p. 571.
  11. The Great Seal of Scotland number 163 dated at Dunfermline 1st October 1362, when his pension was granted for this position.
  12. Anderson, William, The Scottish Nation, Edinburgh, 1867, vol. iv, p. 62.
  13. Mosley, Charles, editor. Burke's Peerage, Baronetage & Knightage, 107th edition, 3 volumes. Wilmington, Delaware, U.S.A.: Burke's Peerage (Genealogical Books) Ltd, 2003, volume 2, p. 3102
  14. Williams, Ronald, The Lords of the Isles, 1997, at p. 203