Justiciar of Scotia
Encyclopedia
The Justiciar of Scotia 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 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, 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.
Legal institutions of Scotland in the High Middle Ages
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...
in the High Medieval
Scotland in the High Middle Ages
The High Middle Ages of Scotland encompass Scotland in the era between the death of Domnall II in 900 AD and the death of king Alexander III in 1286...
Kingdom of Scotland
Kingdom of Scotland
The Kingdom of Scotland was a Sovereign state in North-West Europe that existed from 843 until 1707. It occupied the northern third of the island of Great Britain and shared a land border to the south with the Kingdom of England...
. Scotia
Scotia
Scotia was originally a Roman name for Ireland, inhabited by the people they called Scoti or Scotii. Use of the name shifted in the Middle Ages to designate the part of the island of Great Britain lying north of the Firth of Forth, the Kingdom of Alba...
(meaning Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
) in this context refers to Scotland to the north of the River Forth
River Forth
The River Forth , long, is the major river draining the eastern part of the central belt of Scotland.The Forth rises in Loch Ard in the Trossachs, a mountainous area some west of Stirling...
and River Clyde
River Clyde
The River Clyde is a major river in Scotland. It is the ninth longest river in the United Kingdom, and the third longest in Scotland. Flowing through the major city of Glasgow, it was an important river for shipbuilding and trade in the British Empire....
.
The institution has some Anglo-Norman
Anglo-Norman
The Anglo-Normans were mainly the descendants of the Normans who ruled England following the Norman conquest by William the Conqueror in 1066. A small number of Normans were already settled in England prior to the conquest...
origins, but in Scotland north of the Forth it represented some form of continuity with an older office, a senior version of a Judex, a native Scottish lawman often with province-wide responsibilities. Mormaer
Mormaer
The title of Mormaer designates a regional or provincial ruler in the medieval Kingdom of the Scots. In theory, although not always in practice, a Mormaer was second only to the King of Scots, and the senior of a toisech.-Origin:...
Causantín of Fife
Causantín, Earl of Fife
Causantín of Fife is the first man we know for certain to have been Mormaer of Fife. Causantín's floruit can be placed between 1095 and 1128. Very little is known about his life and reign as Mormaer of Fife. His father, for instance, is not known by name...
was styled judex magnus (i.e. "great Brehon
Brehon
Brehon is the term in Gaelic-Irish culture for a judge. The Brehons were part of the system of "Brehon Law". The Brehons wore yellow robes when delivering verdicts. Several dozen families were recognised as hereditary brehon clans.-See also:* Mac an Bhaird...
") 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 1328
The following list, going up to 1328, consists of names who appears as Justiciar of Scotia in sources. The sources, especially in the twelfth century, are far from exhaustive, and so many names are doubtless missing. Note also that, in the earliest period, there could be more than one Justiciar in operation at the same point in time.- Causantín, Mormaer of FifeCausantín, Earl of FifeCausantín of Fife is the first man we know for certain to have been Mormaer of Fife. Causantín's floruit can be placed between 1095 and 1128. Very little is known about his life and reign as Mormaer of Fife. His father, for instance, is not known by name...
, judex magnus in Scotia, 1128x30 - Donnchad II, Mormaer of FifeDonnchad II, Earl of FifeMormaer Donnchad II , anglicized as Duncan II or Dunecan II, succeeded his father Donnchad I as a child. 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...
, 1154x1164-1203 - Matthew, Bishop of Aberdeen, 1172x1199
- Gille Brigte, Mormaer of StrathearnGille Brigte, Earl of StrathearnGille Brigte of Strathearn is the third known Mormaer of Strathearn. He is one of the most famous of the Strathearn mormaers. He succeeded his father Ferchar in 1171. He is often known by the Francization of his name, Gilbert, or by various anglicizations, such as Gilbride, Gilbridge, etc...
, 1172x1199 - William Comyn, Earl of BuchanWilliam Comyn, jure uxoris Earl of BuchanWilliam Comyn was one of four sons of Richard Comyn, Justiciar of Lothian and Hextilda of Tynedale. He was born in Scotland, in Altyre, Moray in 1163 and died in Buchan in 1233 where he is buried in Deer Abbey...
, 1205-32 - Walter fitz Alan, High StewardWalter Stewart, 3rd High Steward of ScotlandWalter, Steward of Dundonald was 3rd hereditary High Steward of Scotland and Justiciar of Scotia.He was the eldest son of Alan fitz Walter, 2nd High Steward of Scotland by his second wife Alesta, daughter of Morggán, Earl of Mar...
, 1232-41 - Philip de Melville and Robert de Monte Alto, 1241-44
- Alan Durward, Royal HostariusAlan DurwardAlan 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.Alan was one of the most important...
, 1244-51 - Philip de Meldrum or Ferdarg (Feradach) and Michael de Monte Alto, 1251-53
- Alan Durward, Royal HostariusAlan DurwardAlan 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.Alan was one of the most important...
, 1255-57 - Alexander Comyn, Earl of BuchanAlexander Comyn, Earl of BuchanAlexander 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, jure uxoris Earl of Buchan, and Marjory, Countess of Buchan, the heiress of the last native Scottish Mormaer of Buchan,...
, 1258-89 - Andreas de Moravia (father of the famous Andrew MorayAndrew MorayAndrew Moray , also known as Andrew de Moray, Andrew of Moray, or Andrew Murray, was a prominent military leader of patriotic forces during the Scottish Wars of Independence. He led the rising in northern Scotland in the summer of 1297 against the occupation by King Edward I of England,...
), 1289x93-96x - John Comyn, Earl of BuchanJohn Comyn, Earl of BuchanJohn Comyn was Earl of Buchan and an important member of Clan Comyn during the early 14th century. He was a chief opponent of Robert the Bruce in the civil war that paralleled the War of Scottish Independence. He should not be confused with the better known John III Comyn, Lord of Badenoch, who...
, 1300-x1305 - English Tetrarchy, 2 North and 2 South of the MounthMounthThe Mounth is the range of hills on the southern edge of Strathdee in northeast Scotland. It was usually referred to with the article, i.e. "the Mounth". The name is a corruption of the Scottish Gaelic monadh which in turn is akin to the Welsh mynydd, and may be of Pictish origin...
, 1305-6:- Reginald Cheyne and John de Vaux (north)
- Robert Keith and William Inge (south)
- Sir Robert Lauder of Quarrelwood, appointed 1328.
See also
- Scotland in the High Middle AgesScotland in the High Middle AgesThe High Middle Ages of Scotland encompass Scotland in the era between the death of Domnall II in 900 AD and the death of king Alexander III in 1286...
- Legal institutions of Scotland in the High Middle AgesLegal institutions of Scotland in the High Middle AgesScottish 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...
- Justiciar of LothianJusticiar of LothianThe Justiciar of Lothian was an important legal office in the High Medieval Kingdom of Scotland.The Justiciars of Lothian were responsible for the administration of royal justice in the province of Lothian, a much larger area than the modern Lothian, covering Scotland south of the Forth and Clyde,...
- Justiciar of Galloway