This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England’s common law. The laity’s legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period.
Illuminates how the ceremonial dimension of death and the succession reflected both Scottish royal identity and a broader culture of ceremony. To date, scholarly attention to royal ceremony in Scotland from the Middle Ages into the early modern period has been rather haphazard, with few attempts to explore how these crucial moments for the representation of royal authority. This monograph provides a long durée analysis of the ceremonial cycle of death and succession associated with Scottish kingship from the thirteenth to the sixteenth centuries, including the final century of the Canmore dynasty, the crisis of the Bruce-Balliol conflict, and the emergence and consolidation of the Stewart family up to the funeral of last monarch buried in Scotland, James V, in 1543. Using a broad range of primary sources, including financial records and material culture, many of them previously untapped, it addresses key questions about kingship and power, the function of ceremony in legitimising royal authority, its significance in relation to the practical exercising of power, and evidence for Scottish similarities and distinctiveness within wider European contexts.
Drawing together an international team of historians, lawyers and historical sociolinguists, this volume investigates urban cultures of law in Scotland, with a special focus on Aberdeen and its rich civic archive, the Low Countries, Norway, Germany and Poland from c. 1350 to c. 1650. In these essays, the contributors seek to understand how law works in its cultural and social contexts by focusing specifically on the urban experience and, to a great extent, on urban records. The contributions are concerned with understanding late medieval and early modern legal experts as well as the users of courts and legal services, the languages and records of law, and legal activities occurring inside and outside of official legal fora. This volume considers what the expectations of people at different status levels were for the use of the law, what perceptions of justice and authority existed among different groups, and what their knowledge was of law and legal procedure. By examining how different aspects of legal culture came to be recorded in writing, the contributors reveal how that writing itself then became part of a culture of law. Cultures of Law in Urban Northern Europe: Scotland and its Neighbours c.1350–c.1650 combines the historical study of law, towns, language and politics in a way that will be accessible and compelling for advanced level undergraduates and postgraduate to postdoctoral researchers and academics in medieval and early modern, urban, legal, political and linguistic history.
An exploration of the diverse lived experiences of marginality in Scottish society from the sixteen to the eighteenth century. Throughout the early modern period, Scottish society was constructed around an expectation of social conformity: people were required to operate within a relatively narrow range of acceptable identities and behaviours. Those who did not conform to this idealised standard, or who were in some fundamental way different from the prescribed norm, were met with suspicion. Such individuals often attracted both criticism and discrimination, forcing them to live confirmed to the social margins. Focusing on a range of marginalised groups, including the poor, migrants, ethnic minorities, indentured workers and women, the contributors to this book explore what it was like to live at the boundaries of social acceptability, what mechanisms were involved in policing the divide between "mainstream" and "marginal", and what opportunities existed for personal or collective fulfilment. The result is a fresh perspective on early modern Scotland, one that not only recovers the stories of people long excluded from historical discussion, but also offers a deeper understanding of the ordering assumptions of society more generally. Specific topics addressed range from the marginalisation of people with disabilities in the domestic sphere to female sex workers, and the place of executioners in society.
An exploration of the complex and multifaceted connection between deviant behaviour and social marginality in Scotland between the sixteenth and eighteenth centuries. During the early modern period in Scotland, deviant behaviour often went hand-in-hand with social marginality. Individuals might be ejected from the mainstream after breaching core behavioural standards; the experience of marginality itself often necessitated transgressive behaviour as a survival strategy; and, for some minority groups, the simple maintenance of their accustomed culture or lifestyle was understood through the lens of deviance. To be marginalised and to be deviant were, in many cases, two sides of the same coin. Focusing on a range of behaviours, including irregular sex, violent and verbal assault, petty criminality, piracy, political dissidence, and religious nonconformity, this book explores the connection between deviance and marginality in early modern Scotland, particularly in the sixteenth and seventeenth centuries. It assesses why certain behaviours were judged to deserve social marginalisation, what mechanisms were used to enforce this, how individual and groups responded to it, and what opportunities existed for avoiding, escaping, or mitigating its effects. The result is a fresh and innovative perspective on early modern Scotland, one that not only recovers the experiences of people long excluded from historical discussion, but also offers insights into the nature of crime and deviance in the pre-modern world. Specific topics covered include sexual deviance, defining words as witchcraft, piracy and the state, the weaponisation of "marginality" in verbal violence, covenanting women, and the connection between deviance and the "common musician".sses why certain behaviours were judged to deserve social marginalisation, what mechanisms were used to enforce this, how individual and groups responded to it, and what opportunities existed for avoiding, escaping, or mitigating its effects. The result is a fresh and innovative perspective on early modern Scotland, one that not only recovers the experiences of people long excluded from historical discussion, but also offers insights into the nature of crime and deviance in the pre-modern world. Specific topics covered include sexual deviance, defining words as witchcraft, piracy and the state, the weaponisation of "marginality" in verbal violence, covenanting women, and the connection between deviance and the "common musician".sses why certain behaviours were judged to deserve social marginalisation, what mechanisms were used to enforce this, how individual and groups responded to it, and what opportunities existed for avoiding, escaping, or mitigating its effects. The result is a fresh and innovative perspective on early modern Scotland, one that not only recovers the experiences of people long excluded from historical discussion, but also offers insights into the nature of crime and deviance in the pre-modern world. Specific topics covered include sexual deviance, defining words as witchcraft, piracy and the state, the weaponisation of "marginality" in verbal violence, covenanting women, and the connection between deviance and the "common musician".sses why certain behaviours were judged to deserve social marginalisation, what mechanisms were used to enforce this, how individual and groups responded to it, and what opportunities existed for avoiding, escaping, or mitigating its effects. The result is a fresh and innovative perspective on early modern Scotland, one that not only recovers the experiences of people long excluded from historical discussion, but also offers insights into the nature of crime and deviance in the pre-modern world. Specific topics covered include sexual deviance, defining words as witchcraft, piracy and the state, the weaponisation of "marginality" in verbal violence, covenanting women, and the connection between deviance and the "common musician".ctive on early modern Scotland, one that not only recovers the experiences of people long excluded from historical discussion, but also offers insights into the nature of crime and deviance in the pre-modern world. Specific topics covered include sexual deviance, defining words as witchcraft, piracy and the state, the weaponisation of "marginality" in verbal violence, covenanting women, and the connection between deviance and the "common musician".
A study of Scottish thinkers and writers in their political and cultural context. The "advancement of learning" was the term used by late seventeenth-century Scots for intellectual enquiry of all kinds. Encouraged by Stuart patronage, and echoing a Royalist ideology of continuity and order following the chaos of the Civil War, the "Virtuosi", Scottish writers and thinkers, sought to define Scotland's identity. They undertook structured, empirical enquiry into Scottish natural history and geography, human history and antiquities, law and society, while the legal and medical professions developed their status and purpose through institutions such as the Royal College of Physicians and the Advocates' Library. They both complemented and eclipsed the changing intellectual life of the Church and Universities. This book considers the work of leading authors, such as Sir George Mackenzie, Sir Robert Sibbald and Lord Stair, alongside the many other voices engaged in learned research and debate, examining their shared or contrasting philosophy and methods. It shows how a distinctively Scottish take on the "Scientific Revolution" was enhanced by close contacts with the Royal Society and English thinkers, and a conscious membership of the European Republic of Letters.
Reconstructs the life of Peter Goldman and presents a full edition and translation of his surviving poems and letters. The Dundonian physician Peter Goldman, one of an immigrant family of merchants, was the first Scot to take a medical degree from Leiden; he then undertook research in Oxford, London, and Paris, before resettling in Dundee. An important figure in contemporary Scottish literary culture, he maintained a wide correspondence with significant intellectual figures and influenced two landmark Scottish publishing projects: the Delitiae poetarum Scotorum (1637) and the Blaeu Atlas of Scotland (1654). However, his major literary achievement was his Latin poetry, which establishes him as a unique voice of his time. His longest and most prominent work is an elegy on the deaths of four of his brothers, strikingly narrated in the voice of their lamenting mother. This book reconstructs and provides a study of Goldman's life, career and writing. It also offers a full edition and translation of his surviving poems and letters, with accompanying commentary. Appendices provide an edited list of his remarkable library and a transcript of his testament.
Examines the political significance and performativity of elite hunting in sixteenth-century Scotland. Hunting during the early modern period was not simply a popular form of elite entertainment; it also had an important part in court politics and royal governance. However, little attention has been devoted to it in sixteenth-century Scotland. This study of the role that hunting played in the life of Mary, Queen of Scots, in France and in Scotland, aims both to shed new light on the subject and to provide a new perspective on Mary herself. Drawing on the hunting treatises of Gaston Phoebus and Henri de Ferrières, the histories of Robert Lindsay of Pitscottie and John Lesley, and a wide variety of other literary and visual sources, including letters, administrative records and fieldwork evidence, it reveals the full significance of the hunt in Mary's life and career. She is shown to be an able and enthusiastic huntress, using this "pastime" to establish herself as a Stewart monarch, demonstrate her royal authority, and, particularly during the later stages of her reign, to attempt to hold together a fractious Scottish aristocracy.
This book provides the first comprehensive analysis of the development of northern England and southern Scotland in the formative era of the twelfth and thirteenth centuries. How did "middle Britain" come to be divided between two separate unitary kingdoms called "England" and "Scotland"? How, and how differently, was government exercised and experienced? How did people identify themselves by their languages and naming practices? What major themes can be detected in the development of ecclesiastical structures and religious culture? What can be learned about the rural and the emerging urban environments in terms of lordly exploitation and control, settlement patterns and how the landscape itself evolved? These are among the key questions addressed by the contributors, who bring to bear multi-faceted approaches to medieval "middle Britain". Above all, by pursuing similarities and differences from a comparative "transnational" perspective it becomes clearer how the "old" interacted with the "new", what was exceptional and what was not, and how far the histories of northern England and southern Scotland point to common or not so common foundations and trajectories. Keith Stringer is Professor Emeritus of Medieval British History at Lancaster University; Angus Winchester is Professor Emeritus of Local and Landscape History at Lancaster University.BR>Contributors: Richard Britnell, Dauvit Broun, Janet Burton, David Ditchburn, Philip Dixon, Piers Dixon, Fiona Edmonds, Richard Oram, Keith Stringer, Chris Tabraham, Simon Taylor, Angus J.L. Winchester.