1. INTRODUCTION

This research guide in Scottish legal history, with coverage of the feudal period through to 1901, was created to assist your research in the Georgetown Law Library. The library has a substantial collection of Scottish legal materials in several locations. The materials housed in the Special Collections Department in the Edward Bennett Williams Law Library are noted as SPECL. SPECL items may be used only in the Special Collections Reading Room. Resources which are located in the John Wolff International and Comparative Law Library are indicated by the abbreviation INT'L. There are also many useful resoures in the library's microform collection as well as electronic sources for research. Members of the Georgetown University community can schedule research consultations with the Special Collections Librarian or the Special Collections Assistant. The Special Collections Department is located at the west end of the Robert L. Oakley Reading Room in Williams Library. Patrons may also seek assistance at the Williams reference desk.

A useful place to start your research in Scottish legal history is the library's catalog, Gulliver. There are many useful links for finding articles, monographs and electronic databases. You can also use the WorldCat database, a mega-catalog database, to locate resources which may not be available at the Law Center, and then use our Inter-Library Loan service to request the resources which you need. Among the useful research resources available here in the library are Lexis Nexis, Westlaw, Hein Online, Index to Legal Periodicals, Index to Legal Periodicals Retro, J-Stor, E-Journal Finder, Academic Search Premier and Project Muse. When researching Scottish legal history, consult early English print and electronic resources which are very useful and relevant. Links to these resources are throughout this guide.

Other related and useful guides which are available here in the library are:

• Legal History Research Guide Anglo-American Juries
• Legal History Crime and Punishment Research Guide
• Guide to Legal History Databases

2. SCOTTISH LEGAL HISTORY: AN OVERVIEW

Legal historians tend to focus on the development of the Scottish legal system from the feudal period onward, since little is known about Scotish law prior to A.D. 1,000. Early Scottish law can be described as an amalgam of Celtic, Welsh, Irish, Norse, and Anglo-Saxon laws and customs, with various geographical regions experiencing one or more of these influences. For example, Celtic customs were more pronounced in the Gaelic Highlands, whereas on the outlying islands, Norse law and customs were the direct result of previous Scandinavian occupation.The Norman Conquest of England in 1066, and the marriage of Malcolm III to Margaret in 1070, contributed to Anglo-Saxon influence on the Scottish church and state.

By the twelfth century, the feudal system was introduced into Scotland. It was a decentralized social and economic system of government and land tenure . This system eventually developed into the parliamentum or court of law, and led to the establishment of the Curia Regis or great council, based on the English model. Some of the offices and institutions which were created as a result of the feudal monarchy under David I include the justiciar or justice-general, being the king's delegate for administration; Iudices or royal officers who were attached to a province; sheriffs, who maintained order and collected revenue in the king's name; and barons and bailies. Two very important sources of Scottish law which were developed around this period are the Regiam Majestatem and the Quoniam Attachiamenta. The Regiam Majestatem, considered the chief source of Scottish-Norman law, is derived from early Scottish statutes, and Roman, canon and the common law of Scotland. It was likely compiled around 1285. The Quoniam Attachiamenta, containing forms, styles and other practice materials, was written around the fourteenth century and served as a practice manual to the feudal courts.

Various court systems also developed over this period. These included:

• Guild Merchants and Burgh Courts. The guild courts mainly had jurisdiction over buildings, streets and nuisances, while each burgh established courts to enforce its own regulations and settle disputes. Burghs, usually located near a royal castle, began to develop as economic organizations and functioned as market centers for the sheriffdoms. The original four burghs were Berwick, Roxburgh, Edinburgh and Stirling, and their operations led to the emergence of the Leges Quatuor Burgorum, a compilation of municipal regulations
• Barony and Regalty Courts. These were presided over by the baron or his bailie, or both, or by two bailies. This court's civil jurisdiction extended to debt possession, lawburrows, breach of arrestment, bloodwite and deforcement. It also had criminal jurisdiction in theft and slaughter.
• Sheriff Courts. The sheriff court was originally held at the castle. Head courts were held 3 times per year, with lesser courts meeting more infrequently. The sheriff presided over the court and administered both civil and criminal justice.
• Ecclesiastical Courts. From around 1192, dioceses of the Scottish Kingdom were recognized by the Pope as exempt from metropolitan authority, and prior to the Reformation bishops in these dioceses each had their own consistorial courts.These dioceses undertook judicial functions and compiled ecclesiastical statutes which were used at the provincial and diocesan levels. Bishops and abbots were influencial in government and the canon law of the Roman church as introduced, resulting in the influence of Roman law on the Scottish legal system. Ecclesiastical tribunals were led by judges-delegate, and dealt mainly with matrimonial cases, but also with criminal and civil issues, with appeals and final decisions considered by Rome. Following the Reformation, the Court of Session during the period 1560-1563 assumed responsibility for consistorial cases and other issues previously determined by the ecclesiastical tribunals. The Reformation period also ushered in the Presbyterian Kirk Sessions or consistorial courts, throughout Scotland.

2.1 Central Criminal Courts

The justiciar, or office of the justice-general had its beginnings during the reign of David (1124-53). Two justiciars were appointed as the king's delegate to administer justice in civil and criminal matters. Later, a third justiciar was appointed to deal with civil and criminal cases not under the jurisdiction of the king's court. Justiciars were usually important noblemen, and over time, the number of justiciars increased. Eventually, the office of justice-general was made hereditary until around 1836 when it was merged with the office of Lord President of the Court of Session. Reform of the supreme criminal court eventually led to the the institution of the High Court of Justiciary in 1672.

2.2 Central Civil Courts

The Court of Session, created primarily through the efforts of James I (1406-37) evolved through a series of attempts at court reform and the need to more clearly determine complaints and causes. After several modifications in the structure and operation of the court, by around 1450, the king chose persons from three Estates, who with the chancellor, were to hold three sessions per year. By 1456 the Estates chose nine judges, appointed by the General Council, with each Estate having three judges who would sit in three sections, hearing and deciding cases. The Reformation led to the decline of Roman canon law influence, with the Court of Session determining matters previously administered by the ecclesiastical tribunals. Parliament also annulled all laws, acts and constitutions which were considered in opposition to the reformed religion.

2.3 Parliament

The Scottish parliament, unicameral in structure, appeared to be established early in the thirteenth century and served as both a court of first instance, as well as a court of appeal. Parliament had jurisdiction in civil and criminal matters. Judicial authority rested with the entire parliament, but later committees became functional and exercised authority. Unlike the bicameral nature of the English parliament, the Scottish parliamentary structure made it particularly susceptible to monarchical influence.

After several aborted efforts to form a union of the parliaments of Scotland and England, further attempts were made after 1689. Some of the thorny issues included English objection to free trade between the two countries, the question of succession to the English throne, taxation, jurisdiction of the Scottish courts and the number of Scottish representatives in the new Parliament of Great Britain. Arising out of the joint commission meeting in April 1706, there was agreement on three main issues: 1) an incorporating union, 2) English guarantee of complete free trade and 3) Scottish agreement to recognise the Electress of Hanover and her heirs as Protestants and successors to Queen Anne as Queen of Scotland. Scotland ratified the articles of union in January 1707, while the English Parliament ratified them in March of 1707. On May 1, 1707, the treaty entered into force. The Treaty of Union stipulated the continuance of Scottish law and courts. It also called for establishing a Court of Exchequer in Scotland to decide revenue issues.

Reference:

Walker, David M. The Scottish Legal System. An Introduction to the Study of Scots Law. Edinburgh: W. Green, 2001

Walker, David M. A Legal History of Scotland. Edinburgh: W. Green, 1988-2004. 7 vols.

3. PRIMARY SOURCES

• Dundas, John. A Summary View of the Feudal Law: With the Differences of the Scots Law From It; Together with a Dictionary of the Select Terms of the Scots and English Law, By Way of An Appendix. Edinburgh: 1710. KDC397.D85 1710 Octavo (SPECL)
• Great Britain. Record Commission. Inqvisitionvm ad Capellam Domini Regis Retornatarvm Quae in Publicis Archivis Scotiae ad Huc Servantur Abbreviatio. HB715.G7 1811 Oversize (SPECL). This is a three-volume set.
• Great Britain. Record Commission. Registrum Magni Sigilli Regum Scotorum in Archivis Publicis Asservatum. 1306-1424. KDC290.G74 1814 Oversize (SPECL)
• Hume, David. Decisions of the Court of Session, 1781-1822, in the Form of a Dictionary. KDC113 1781.H8 1839 Nomn. (SPECL)
• Mackenzie, George (1687) Observations on the Acts of Parliament: Made by King James the First, King James Second, King James the Third, Queen Mary, King James the Sixth, King Charles the First and King Charles ll. KDC76 1424.M32 1687 Quarto (SPECL)
• Records Commission of Great Britain. The Acts of the Parliaments of Scotland [1707] KDC76 1124 Oversize (SPECL) . This is a ten-volume set. Index to the Acts listed under the Index section of this guide.
• Scotland. The Laws and Acts of Parliament Made by the Most Excellent and Mighty King and Monarch James, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, & c. Since His Majesties 15, Parliament, the 19. of December, 1597. KDC76 1597.S36 1674 Quarto (SPECL)
• Skene, John. Regiam Majestatem. The Auld Lawes and Constitutions of Scotland [1004-1400]. (1609 edition) KDC76 1004.S36 1609 Quarto (SPECL)
• Skene, John. Regiam Majestatem. The Auld Lawes and Constitutions of Scotland [1004-1400]. (1774 edition). KDC76 1004.S36 1774 Quarto (SPECL)

Regiam Majestatem 1609 edition

Compiled in approximately 1285, the Regiam Majestatem was first printed in 1607 and 1609 by John Skene. These Latin (1607) and English (1609) editions also include the Quoniam Attachiamenta, which served as a practice manual for the Barony and Regalty Courts, as well as several other early compilations of Scots laws such as the Leges Quatuor Burgorum [The burrow-lawes] .

Table of Contents of Skene's 1609 English edition of the Regiam Majestatem

Early Treatises

• Adam, William (1836). A Practical Treatise and Observations on Trial by Jury in Civil Causes, As Now Incorporated with the Juridiction of the Court of Session. Edinburgh: Thomas Clark, 1836. KDC891.A93 1836 Eldon E-003 (SPECL)
• Bell, Robert. A Treatise on the Election Laws, As They Relate to the Representation of Scotland in the Parliament of the United Kingdom of Great Britain and Ireland. Edinburgh: George Ramsay and Company, 1812. K150.N46 Electronic
• Burnett, John. A Treatise on Various Branches of the Criminal Law of Scotland. Edinburgh: George Ramsay and Company, 1811. KDC913.B87 1811 (SPECL)
• Connell, John. A Treatise on the Law of Scotland, Respecting the Erection, Union, and Disjunction of Parishes; the Manses and Glebes of the Parochial Clergy, and the Patronage of the Churches. Edinburgh: Peter Hill and Company, 1818. KDC968.C66 1818 Eldon E-049 (SPECL). Also available electronically and in microform.
• Forbes, William. A Treatise of Church-Lands and Tithes. In Two Parts. Edinburgh: Andrew Anderson, 1705. KDC969.F695 1705 (SPECL)
• Forbes, William. A Methodical Treatise Concerning Bills of Exchange: Wherein is an Account of the Life and Progress of Exchange. Edinburgh: J. Mosman, et al, 1718. KDC510.F6 1718 (SPECL)
• Fraser, Patrick. A Treatise on the Law of Scotland: As Applicable to the Personal and Domestic Relations: Comprising Husband and Wife, Parent and Child, Guardian and Ward, Master and Servant. Edinburgh: T. & T. Clark, 1846. (Two Volumes, with an Appendix of Forms) KDC366.F72 1846 Quarto (SPECL). Also available electronically.
• Glen, William. A Treatise on the Law of Bills of Exchange, Promissory Notes, and Letters of Credit in Scotland. Edinburgh: Archibald Constable and Company, 1807. KDC510.G55 1807 Quarto (SPECL). Also available electronically.
• Hutcheson, Gilbert. Treatise on the Offices of Justice of the Peace; Constable; Commissioner of Supply; and Commissioner under Comprehending Acts, in Scotland; with Occasional Observations Upon Other Municipal Jurisdictions. Edinburgh: William Creech, 1809. KDC860.H87 1809 Quarto (SPECL) (Also available electronically).
• Mackenzie, James. A Treatise Concerning the Origin and Progress of Fees: Or, the Constitution and Transmission of Heritable Rights. Being a Supplement to Spotiswood's Introduction to the Knowledge of the Style of Writs. Edinburgh: Gideon Crawford, 1761. KD1500.M33 1761 Octavo (SPECL)
• Sandford, Erskine Douglas. A Treatise on the History and Law of Entails in Scotland. Edinburgh: James Ballantyne and Company, 1822. KDC402.S3 1822 Quarto (SPECL). Also available electronically and in microform.

4. SECONDARY SOURCES

General Texts

Listed below is a selection of good secondary sources for Scottish legal history. To find others, use FirstSearch and subject headings such as Scottish legal history, Scots law, Scottish law.

• Cowan, Edward J. "For Freedom Alone": The Declaration of Arbroath, 1320. East Lothian: Tuckwell Press, 2003. DA 783.41.C68 2003
• Farmer, Lindsay. Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law, 1747 to the Present. Cambridge: Cambridge University Press, 1997. KDC 910.F37 1997 (INT'L)
• Ferguson, Paul Craig. Medieval Papal Representatives in Scotland: Legates, Nuncios and Judges-Delegate, 1125-1286. Edinburgh: Stair Society, 1997. BX1263.F47 1997
• Ford, J.D. Law and Opinion in Scotland During the Seventeenth Century. Oxford: Hart, 2007. KDC296.F67 2007 (INT'L)
• Kiralfy, Albert & MacQueen, Hector L. (eds.). New Perspectives in Scottish Legal History. London: Frank Cass, 1984. KDC 334.N48 1984 (INT'L)
• MacQueen, Hector L. Common Law and Feudal Society in Medieval Scotland. Edinburgh: Edinburgh University Press, 1993. KDC397.M32 1993 (INT'L)
• Neville, Cynthia J. Violence, Custom and Law: The Anglo-Scottish Border Lands in the Later Middle Ages. Edinburgh: Edinburgh University Press, 1998. KD 606.N4 1998 (INTL)
• Pryde, George S. The Treaty of Union of Scotland and England, 1707. Greenwood Press, 1979. KZ642.A7.S26 1979r
• Stair Society. An Introduction to Scottish Legal History. KDC 175.S72 (INT'L)
• Styles, Scott Crichton. The Scottish Legal Tradition. Edinburgh: The Stair Society, 1991. KDC 296.Z9 M47 1991 (INT'L)
• Walker, David M. A Legal History of Scotland. Edinburgh: W. Green, 1998-2004. KDC296.W34 (Course Reserve, Williams Library). This multi-volume work is considered one of the most authoritative resources on Scottish legal history.
• Walker, David M. The Scottish Legal System: An Introduction to the Study of Scotts Law. Edinburgh: W. Green, 2001. KDC331.W34 2001 (INT'L)

 

5. THE SCOTTISH PARLIAMENT

• Cobbett, William. Cobbett's Parliamentary History of England From the Norman Conquest in 1066 to the Year 1803. London: T.C. Hansard, 1806-1820. This multi-volume work is also known as "Cobbett's Parliamentary Debates" and contains proceedings of the Scottish Parliament from 1703 to union with England in 1707.
• MacIntosh, Gillian H. The Scottish Parliament Under Charles II, 1660-1685. Edinburgh: Edinburgh University Press, 2007. DA804.M33 2007 (INT'L)
• Mackenzie, George. Observations on the Acts of Parliament: Made by King James the First, King James Second, King James the Third, Queen Mary, King James the Sixth, King Charles the First and King Charles ll. Edinburgh: Andrew Anderson, 1687. KDC76 1424.M32 1687 Quarto (SPECL)
• Records Commission of Great Britain. The Acts of the Parliaments of Scotland [1707]. KDC76 1124 Oversize (SPECL). This is a ten-volume set.
• Terry, Charles Sanford. The Scottish Parliament: Its Constitution and Procedure, 1603-1707 Glasgow: J. MacLehose and Sons, 1905 K150.N455 Micro

6. COURTS AND COURT RECORDS

6.1 BARON BAILLIE COURT

• Brown, Andrew. Judicial Proceedings Before the Baron Bailie Courts : With the Style of Summons's [sic], &c., Usually Practised, and Observations in Law Connected Therewith. Muthill: Pitkellony Private Press, 1816. KDC 865.B76 1816 (SPECL). Also available through the Making of Modern Law database.
• Stitchill Baron Court. Records of the Baron Court of Stitchill, 1655-1807. Edinburgh: T. & A. Constable, 1905. This is also available through the Making of Modern Law database.

6.2 COURT OF SESSION

• Deas, George & Anderson, James. Cases Decided in the Court of Session, Jury Court, and High Court of Justiciary, from March 13 [1829] to [September 8, 1832]. Edinburgh: Stirling & Kenney, 1829-33. KDC116.D43 1829 Quarto (SPECL). This is a multi-volume set.
• Gibson, Alexander. The Decisions of the Lords of Council and Session, in Most Cases of Importance, Debated and Brought Before Them; From July 1621 to July 1642. Edinburgh: Stewart & Tennent, 1690. KDC113.G44 1690 Folio (SPECL)
• Dalrymple, Hew. Decisions of the Court of Session: From [1698-1718] Edinburgh: Gavin Hamilton & John Balfour, 1758. KDC113.D35 1758 Nomn. Repts. (SPECL)
• Hume, David. Decisions of the Court of Session, 1781-1822, in the Form of a Dictionary. KDC113 1781.H8 1839 Nomn. (SPECL)
• Kames, Henry Home. The Decisions of the Court of Session from its Institution Till the Year 1764. London: E. and C. Dilly, 1774. Shelf 00642 (SPECL). Five-volume work.
• MacFarlane, Robert. The Practice of the Court of Session in Jury Causes. Edinburgh: Andrew Shortrede, 1837. This is available through the Making of Modern Law database. KDC844.M33 1837 Quarto (SPECL)
• Morison, William Maxwell. The Decisions of the Court of Session from Its First Institution to the Present Time, Digested Under Proper Heads, in the Form of a Dictionary. Edinburgh: Bell & Bradfute, 1801-1808. KDC113.1.M6 1801 Folio. (SPECL). This is a multi-volume set.
• Scotland. Court of Session. Cases Decided in the Court of Session. Edinburgh: Thomas Clark, 1834. KDC116.A2C3 1st ser (INT'L). This multi-volume set is also called First Series and covers the period 1821-1832.
• Scotland. Court of Session. Cases Decided in the Court of Session. Edinburgh: Thomas Clark, 1839-1847. KDC116.A2C3 2nd ser (INT'L. This multi-volume set is also called Second Series and coverage is from 1838-1848.

 
Lord Kames' 1774 Decisions of the Court of Session

6.3 HIGH COURT OF JUSTICIARY

• Arnot, Hugo. A Collection and Abridgement of Celebrated Criminal Trials in Scotland from A.D. 1536, to 1784. Glasgow: A. Napier, 1812. KDC184.A76 1785 Electronic. This is also available through HeinOnline.
• Dreghorn, John Maclaurin. Arguments, and Decisions in Remarkable Cases, Before the High Court of Justiciary, and Other Supreme Courts in Scotland. Edinburgh: J. Bell, 1774. KDC116.D74 1774 Quarto (SPECL)
• Louthian, John. The Form of Process Before the Court of Justiciary in Scotland; Containing the Constitution of the Sovereign Criminal Court, and the Way and Manner of Their Procedure: Together With an Account of the Circuit Courts, the Way and Manner of Giving Up Dittays, and Judicial Proceedings Thereto Relating. Edinburgh: Robert Fleming & Company, 1732. KDC842.L68 1732 Octavo (SPECL)
• Pitcairn, Robert. Ancient Criminal Trials in Scotland: Compiled from the Original Records. Edinburgh: Maitland Club, 1833. KDC116.P68 1833 (SPECL). 3 vols. in 7 parts.

6.4 HOUSE OF LORDS

• Bell, Sydney Smith. Cases Decided in the House of Lords, on Appeal from the Courts of Scotland. 4 and 5 Victoriae, Session of Parliament 1842-1850. Edinburgh: William Blackwood & Sons, 1843-52. KDC116.B45 1843 Quarto (SPECL) This is a multi-volume set.
• Craigie, John, et al. Reports of Cases Decided in the House of Lords, Upon Appeal from Scotland, From 1726-[1822]. Edinburgh: T. & T. Clark, 1849-56. KDC116.C37 1849 Quarto (SPECL). This is a multi-volume set.
• Macqueen, John Fraser. Reports of Scotch Appeals and Writs of Error, Together with Peerage, Divorce and Practice Cases in the House of Lords [1847-1865]. Edinburgh: T. & T. Clark, 1855-1866. KDC116.M35 1855 Quarto (SPECL). This is a multi-volume set.
• Paterson, James. Reports of Scotch Appeals in the House of Lords, A.D. 1851 to 1873, with Tables of All the Cases Cited, Notes, and Copious Index. Edinburgh: T. & T. Clark, 1879. KDC116.P29 1879 Two volumes.

6.5 SHERIFF COURT

• Acts of Parliament Relating to Sheriff Court Practice: With Illustrations from Decisions of the Supreme Courts, and Occasional Notes: Also An Appendix Containing Recent Statutes and Acts of Sederunt, Including the Act of Sederunt with Relative Forms Under the Employers and Workmen Act, 1875. K150.N46 Electronic. This is also available in microform.
• Lees, John M. Sheriff Court Styles Arranged in Dictionary Form: With Notes and Authorities. Edinburgh: Bell & Bradfute, 1892. K150.N46 Electronic. This is also available in microform and through the Making of Modern Law database.
• Lees, John M. A Handbook of Written and Oral Pleading in the Sheriff Court. Edinburgh: William Hodge, 1920. K150.N46 Electronic. Also available in microform and through the Making of Modern Law database.
• Lewis, W. J. Synopsis of Sheriff Court Practice, Civil and Criminal. Edinburgh: Bell & Bradfute, 1887. K150.N46 Electronic. This is also available in microform and through the Making of Modern Law database.
• Scots Law Times. Sheriff Court Reports. Edinburgh: W. Green & Son, Ltd., 1893. K23.C4 (INT'L). This is a multi-volume set.

7. ABRIDGEMENTS, COMMENTARIES, DICTIONARIES AND DIGESTS

• Angus, John W. A Dictionary of Crimes and Offences According to the Law of Scotland with Notes Referential, Explanatory, and Illustrative of the Same. Edinburgh: W. Green & Sons, 1904. K150.N46 Electronic. This is also available in microform and through the Making of Modern Law database.
• Bell, George. Commentaries on the Laws of Scotland, and on the Principles of Mercantile Jurisprudence, Considered in Relation to Bankruptcy, Competitions of Creditors, and Imprisonment for Debt. London: Butterworths, 1989. K150.N46 Electronic. This two-volume set is also available in microform and several editions are also available through the Making of Modern Law database..
• Bell, Robert D. Dictionary of the Law of Scotland (3rd ed.) Edinburgh: John Anderson & Co., 1826. KDC152.B44 1826 (Quarto) (SPECL) Two voluments. This is also available in microform and through the Making of Modern Law database.
• Birrell A. (ed.) Scottish Law List: A Legal Almanac, Directory, and Remembrancer for the Year 1848. Edinburgh: William Blackwood & Sons, 1848. KDC165.S36 1848 (Octavo) (SPECL)
• Edinburgh Justiciary Court. The records of the proceedings of the Justiciary court, Edinburgh, 1661-1678. Edinburgh: T. & A. Constable, 1905. KDC936.A545 1661 (INT'L) This is also available electronically and in microform.
• Elchies, Patrick Grant. Decisions of the Court of Sessions, From the Year 1733 to 1754, Collected and Digested Into the Form of a Dictionary. Edinburgh: William Maxwell Morison, 1813. KDC116.E37 1813 Quarto (SPECL).
• English Ecclesiastical Reports. Reports of Cases Argued and Determined in the English Ecclesiastical Courts: With Tables of the Cases and Principal Matters. Philadelphia: P.H. Nicklin & T. Johnson, 1831-1845. KD270.E643 1831 (SPECL)
• Henderson, Edward A. An Analytical Digest of Cases Decided in the Supreme Court of Scotland and on Appeal by the House of Lords From July 20, 1867 to July 20, 1877. Edinburgh: T. & T. Clark, 1878. KDC116.H46 1878 (INT'L).
• Gouldesbrough, Peter . Formulary of Old Scots Legal Documents. Edinburgh: Stair Society, 1985. KDC 175.S72 v. 36
• Hume, David . Commentaries on the Law of Scotland, Respecting the Description and Punishment of Crimes. Edinburgh: Bell & Bradfute, 1797. KDC930.H831 1797 E-113A (SPECL)
• Hume, David . Commentaries on the Law of Scotland, Respecting Trial for Crimes. Edinburgh: Bell & Bradfute, 1800. KDC930.H831 1800 Quarto (SPECL)
• Hume, David. Decisions of the Court of Session, [1781-1822], in the Form of a Dictionary. Edinburgh: William Blackwood & Sons, 1839.KDC113 1781.H8 1839 Nomn. (SPECL)
• Lamond, Robert Peel. The Scottish Poor Laws: Their History, Policy and Operation. Glasgow: W. Hodge, 1892. K150.N46 Electronic. This is available through the Making of Modern Law Trials database.
• Mews, John. Mews' Digest of English Case Law: Containing the Reported Decisions of the Superior Courts and a Selection From Those of the Scottish and Irish Courts to the End of 1924. London: Sweet & Maxwell, 1925-28. KD296.M43 (INTL). This is a multi-volume set.
• Morison, J. Mitford, et. al. The Scottish Jurist: Being Reports of Cases Decided in the Supreme Courts of Scotland, and in the House of Lords on Appeal from Scotland. Edinburgh: T. Constable, 1858-1873. KDC116.S33 1858 (SPECL)
• Paterson, James. Reports of Scotch Appeals in the House of Lords A.D. 1851 to 1873, with Tables of All the Cases Cited, Notes, and Copious Index. Edinburgh: T. & T. Clark, 1879. KDC116.P29 1879 (SPECL). Two volumes
• Scottish Law Reporter. The Scottish Law Reporter: Continuing Reports of Cases Decided in the Court of Session, Court of Justiciary, Court of Teinds, and House of Lords. Edinburgh: W. & R.A. Veitch, 1865-1924. KDC116.S36 (INT'L)
• Scottish Law Reports. Scottish Law Reports Pre-1900 Together with Certain Later Scarce Series. Dobbs Ferry, NY: Trans-Media, 1976. KDC116.S3 Micro (INT'L. MEDIA)
• Scottish Law Review. The Scottish Law Review and Reports of Cases in the Sheriff Courts of Scotland . Glasgow: W. Hodge & Co., 1884. K23.C5 (INT'L) (Coverage starts in 1885).
• Stitchill (Scotland) Baron Court. Records of the Baron Court of Stichill, 1655-1807. Edinburgh: T. & A. Constable, 1905. K150.N46 Electronic (Making of Modern Law Trials database).
• Surrency, Erwin C.. English, Irish & Scottish Reports Pre-Twentieth Century (United Kingdom Nominatives) Reel Guide & Name Index to the Microfilm Collection: A Bibliography. Dobbs Ferry, NY: Trans-Media, 1979. KD300.S97 1979 (INT'L. MEDIA)

8. TRIALS

• An Account of the Trial of Thomas Muir, Esq. Younger of Huntershill, before the High Court of Justiciary at Edinburgh, on the 30th and 31st days of August, 1793, for Sedition. KDC185.S4 M4 1794 Quarto. (SPECL). This is also available electronically, via HeinOnline.
• Arnot, Hugo. A Collection and Abridgement of Celebrated Criminal Trials in Scotland from A.D. 1536, to 1784. Glasgow: A. Napier, 1812. KDC184.A76 1785 Electronic. This is also available through HeinOnline.
• Arnot, Hugo. A Collection and Abridgement of Celebrated Criminal Trials in Scotland, 1536-1784: With Historical and Critical Remarks. Edinburgh: W. Smellie, 1785. KDC116.A77 1785 (SPECL)
• Green, C. J. Trials for High Treason, in Scotland, Under a Special Commission, Held at Stirling, Glasgow, Dumbarton, Paisley, and Ayr in the Year 1820. Edinburgh: Manners & Miller, 1825. KDC116.G74 1825 Quarto (SPECL)
• Macgregor, James. The Trials of James, Duncan and Robert M'Gregor, Three Sons of the Celebrated Rob Roy, Before the High Court of Justiciary, in the Years 1752, 1753, and 1754. Edinburgh: J. Hay & Co., 1818. KDC186.M32 1818 Octavo (SPECL)
• Ogilvie, Katharine Nairn. The Trial of Katharine Nairn and Patrick Ogilvie for the Crimes of Incest and Murder: Containing the Whole Procedure of the High Court of Justiciary, Upon the 5th, 12th, 13th, 14th, 15th and 16th days of August 1765. Edinburgh: Auld & Smellie, 1765. KDC186.O35 N3 1765 Octavo (SPECL)
• Pitcairn, Robert. Ancient Criminal Trials in Scotland: Compiled from the Original Records. Edinburgh: Maitland Club, 1833. KDC116.P68 1833 (SPECL). 3 vols. in 7 parts.
  

• Smith, Madeline. The Trial of Miss Madeleine H. Smith Before the High Court of Justiciary June 30th to July 9th 1857 for the Alleged Poisoning of M. Pierre Emile L'Angelier of Glasgow. Edinburgh: D. Mathers, 1857. KDC186.S541857 Octavo (SPECL)
  

9. INTERNET AND ELECTRONIC RESOURCES

Academic Sites

• Avalon Project . Yale University's Avalon Project contains documents dating back to the 1800s, covering subjects such as law, politics, history and economics.
• Fordham University's Internet Medieval Sourcebook
• The University of Edinburgh
• University of Cambridge - British Legal History Guide

This is a very rich site, with numerous links to useful resources on topics such as medieval England, early and later medieval common law, early medieval maps and church documents.

• University of Glasgow
• University of Oxford
• University of St. Andrews
• University of St. Andrews - Records of the Parliaments of Scotland to 1707

This is an invaluable database for Scottish legal history research. In addition to transcriptions and translations of the original manuscript sources for the Acts and Proceedings of the Parliaments of Scotland to 1707, this site also includes an excellent historical essay on the Scottish Parliament to 1707 and a useful bibliography of sources.

Blogs

• Legal History Blog

Books

• Early English Books Online
• Eighteenth Century Collections Online (ECCO)

Encyclopedias and Biographical Resources

• Biography Resource Center
• Britannica Online
• Oxford Dictionary of National Biography

Legal Research Databases

• British and Irish Legal Information Institute (BAILII)

Although BAILII’s coverage for its Scottish documentation starts in the 1990s, coverage in its United Kingdom Legislation database starts in 1215. House of Lords decisions date back to 1838. BAILII also has Law Commission Reports and European Union resources.

• Famous Trials
• Foreign Law Guide
• HeinOnline
• LexisNexis

  The following are some useful databases in Lexis:

• UK Cases Combined (ALLCAS database) – Covers All England Law Reports Reprints from 1158 when available.
• England and Wales Reported and Unreported Cases (CASES database). Covers reported cases from 1558 and tax cases from 1875 and also contains decisions of note from Scotland.
• Scottish Session Cases (SESCAS database). Coverage starts with 1930.

• Law Library Microform Consortium (LLMC) Digital
• Making of Modern Law: Legal Treatises, 1800-1926
• Making of Modern Law: Trials 1620-1926
• The Proceedings of the Old Bailey, London 1674-1913
• Westlaw

  Below are some relevant Westlaw Directories:

• United Kingdom Reports All (UK-RPTS-ALL). Coverage starts with 1865
• Scots Law Times (SLT-RPTS). Coverage begins with 1893. This database carries full-text decisions from the Court of Session, High Court of Justiciary and the House of Lords. There are also selected decisions of Sheriff Courts.
• United Kingdom Case Law Locator (UK-CASELOC). Coverage starts with 1865.
• All Law Reports (ALL-RPTS). Coverage begins with 1865.
• United Kingdom Scots Law Case Locator (UKSCO-CASELOC)

Libraries, Archives and Historical Societies

• British History Online
• National Library of Scotland
• Royal Historical Society
• The National Archives of Scotland

This site includes a number of very useful guides for Scottish legal and constitutional history research, and a link to facilitate non-local researchers

• The Stair Society

The Stair Society was established in 1934 to promote the study of Scots Law. This is an extremely useful site for research, containing a number of legal history links to additional sites for Scottish legal history research. A number of Stair Society publications are listed throughout this guide.

Parliamentary Sites

• Acts of the U. K. Parliament
• United Kingdom Parliament
• The Scottish Parliament

The Scottish Parliament’s website provides historical summaries of the early Scottish Parliament and the Treaty of Union. 

10. GOVERNMENTAL REPORTS

The following are some of the governmental reports prepared on a variety of topics such as the poor laws of Scotland and the state of municipal corporations.

• Great Britain. Ninth Report of the Commissioners Appointed for Inquiring into the Duties, Salaries, Fees and Emoluments of the Several Officers, Clerks and Ministers of Justice of the Courts of Scotland . London, 1821. KDC935.8.S37 1821 Folio (SPECL)
• Great Britain. General Report of the Commissioners Appointed to Inquire into the State of Municipal Corporations in Scotland. Presented to Both Houses of Parliament by Command of His Majesty. Edinburgh: Adam & Charles Black, 1835. KDC790.G74 1835 Quarto (SPECL)
• Great Britain. Report of the Commissioners Appointed by his Majesty's Warrant of the 29th of July 1823, for Inquiring into the Forms of Process in the Courts of Law in Scotland and the Course of Appeals from the Court of Session to the House of Lords. London: 1824. KDC842.G74 1824 Folio (SPECL)
• Great Britain. Report from Her Majesty's Commission for Inquiring into the Administration and Practical Operation of Poor Laws in Scotland. Edinburgh: Murray & Gibb, 1844. KDC670.G74 1844 Folio (SPECL)