Multiple Monarchy and Scottish Identity
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The Early Career of Thomas Craig, Advocate
Finlay, J. (2004) The early career of Thomas Craig, advocate. Edinburgh Law Review, 8 (3). pp. 298-328. ISSN 1364-9809 http://eprints.gla.ac.uk/37849/ Deposited on: 02 April 2012 Enlighten – Research publications by members of the University of Glasgow http://eprints.gla.ac.uk EdinLR Vol 8 pp 298-328 The Early Career of Thomas Craig, Advocate John Finlay* Analysis of the clients of the advocate and jurist Thomas Craig of Riccarton in a formative period of his practice as an advocate can be valuable in demonstrating the dynamics of a career that was to be noteworthy not only in Scottish but in international terms. However, it raises the question of whether Craig’s undoubted reputation as a writer has led to a misleading assessment of his prominence as an advocate in the legal profession of his day. A. INTRODUCTION Thomas Craig (c 1538–1608) is best known to posterity as the author of Jus Feudale and as a commissioner appointed by James VI in 1604 to discuss the possi- bility of a union of laws between England and Scotland.1 Following from the latter enterprise, he was the author of De Hominio (published in 1695 as Scotland”s * Lecturer in Law, University of Glasgow. The research required to complete this article was made possible by an award under the research leave scheme of the Arts and Humanities Research Board and the author is very grateful for this support. He also wishes to thank Dr Sharon Adams, Mr John H Ballantyne, Dr Julian Goodare and Mr W D H Sellar for comments on drafts of this article, the anonymous reviewer for the Edinburgh Law Review, and also the members of the Scottish Legal History Group to whom an early version of this paper was presented in October 2003. -
Johnston of Warriston
F a m o u s Sc o t s S e r i e s Th e following Volum es are now ready M S ARLYLE H ECT O R . M C HERSO . T HO A C . By C A P N LL N R M Y O L H T SM E T O . A A A SA . By IP AN A N H U GH MI R E T H LE SK . LLE . By W. K I A H K ! T LOR INN Es. JO N NO . By A . AY R ERT U RNS G BR EL SET OUN. OB B . By A I L D O H GE E. T H E BA L A I ST S. By J N DDI RD MER N Pro fe sso H ER KLESS. RICH A CA O . By r SIR MES Y SI MPSON . EV E L T R E S M SO . JA . By B AN Y I P N M R P o fesso . G R E BLA I KIE. T HOMAS CH AL E S. By r r W A D N MES S ELL . E T H LE SK. JA BO W . By W K I A I M L E OL H T SME T O . T OB AS S O L T T . By IP AN A N U G . T O MON D . FLET CHER O F SA LT O N . By . W . R U P Sir GEOR E DO L S. T HE BLACKWOOD G O . By G UG A RM M LEOD OH ELL OO . -
The Breve Testatum and Craig's Ius
Edinburgh Research Explorer The Breve Testatum and Craig’s Ius Feudale Citation for published version: Cairns, JW 1988, 'The Breve Testatum and Craig’s Ius Feudale', Tijdschrift voor Rechtsgeschiedenis, vol. 56, no. 3, pp. 311-332. https://doi.org/10.1163/157181988X00066 Digital Object Identifier (DOI): 10.1163/157181988X00066 Link: Link to publication record in Edinburgh Research Explorer Document Version: Publisher's PDF, also known as Version of record Published In: Tijdschrift voor Rechtsgeschiedenis Publisher Rights Statement: © Cairns, J. (1988). The Breve Testatum and Craig’s Ius Feudale. Tijdschrift voor Rechtsgeschiedenis, 56(3), 311-332. 10.1163/157181988X00066 General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 05. Oct. 2021 311 THE BREVE TESTATUM AND CRAIG'S JUS FEUDALE by JOHN W. CAIRNS(Edinburgh) Thomas Craig of Riccarton had practised law in Scotland for nearly forty years before, around 1600, he started to write his masterpiece, Jus Feudale 1. It contains many allusions to legal practice, and is always informed by his observa- tions of the proceedings of the Scottish courts 2. -
Thomas Craig on the Origin and Development of Feudal Law Leslie Dodd Edinburgh Napier University [email protected] This Is An
Thomas Craig on the origin and development of feudal law Leslie Dodd Edinburgh Napier University [email protected] This is an Accepted Manuscript of an article published by Brill in Tijdscrhift voor Rechtsgeschiedenis 87 (2019) 86-127 DOI 10.1163/15718190-08712P04 It can be found online at: https://brill.com/abstract/journals/lega/87/1-2/article-p86_4.xml Summary When Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law and tenure in the fourth and fifth titles of the first book. By close examination of the text, the detailed formulation of Craig’s argumentation and technique is uncovered as well as the myriad classical, mediaeval and humanist sources upon which his literary project was based. In this way, the deep relationship between Craig – and by extension Scots law – and the historico-legal product of the French legal humanists is explored. Keywords Thomas Craig – feudal law – Scotland – Scottish legal history – Jus feudale – Tacitus – legal humanism – feudalism Introduction A fascination with origins is one of the features distinguishing the humanists of the Renaissance from their mediaeval predecessors. When jurists in the early sixteenth century first began to apply humanist methodologies to the study of law, they imported this characteristic to their own sphere; but for lawyers in particular the impetus to excavate the true origins and sources of law was innate to their profession.1 Within any system or structure that derives its authority from precedent, origins matter. -
A Memoir of Patrick Fraser Tytler
,:: ---*; A MEMOIR OF PATRICK FRASER TYTLER, BY THE SAME AUTHOR. A PLAIN COMMENTARY ON THE FOUR HOLY GOSPELS, 7 vols. crown 8vo. NINETY SHORT SERMONS FOR FAMILY READING, 2 vols. crown 8vo. A CENTURY OF VERSES IN MEMORY OF THE PRESIDENT OF MAGDALEN COLLEGE. C6e portrait of a Christian Gentleman, A MEMOIR OF PATRICK FRASER TYTLER, AUTHOR OF THE " HISTORY OF SCOTLAND." BY HIS FRIEND THE REV. JOHN W. BURGON, M.A. FELLOW OF ORIEL COLLEGE, OXFORD. lirati muiiDo rortir. LONDON: JOHN MURRAY, ALBEMARLE STREET. 1859. LONDON : PRINTED BY WOODFALL AND K1NDEK, ANGEL COURT, SKJNNKR STREET. TO HER MOST SACRED MAJESTY, THE Q^U E E N AN UNSANCTIONED ACT OF HOMAGE. 200O176 CONTENTS. PAGE INTKODUCTORY . xi CHAPTER I. Family traditions John Tytler William Tytler His defence of Queen Mary Anecdote of David Hume Domestic happiness Alexander ' Fraser Tytler, Lord Woodhouselee His early education Elements of History,' and other works Birth of Patrick Fraser Tytler His eldest sister, Ann Fraser Tytler CHAPTER II. (17911800.) Miss A. Fraser Tytler's MS. Early recollections P. F. Tytler's boyhood " The bicker Lord Woodhouselee among his children The Cot- tagers of Glenburnie" Basil Hall and his sister Sir James Stewart of Allanbank Evenings at Woodhouselee Mr. Black Anecdotes of Sir Walter Scott and his family Dugald and Mrs. Stewart Henry Mackenzie Sydney Smith Sir James Mackintosh The Rev. A. Alison The poet Leyden 16 CHAPTER III. (18001809.) Lord Woodhouselee in illness His literary undertakings P. F. Tytler is sent to school Chobham in 1808 The Rev. Charles Jerram Tytler's progress at school A debating society King George III. -
SAMUEL CRAIG, Senior Pioneer to Western Pennsylvania
SAMUEL CRAIG, Senior Pioneer to Western Pennsylvania AND HIS DESCENDANTS COMPILED BY JANE MARIA CRAIG PRINTED FOR PRIVATE CIRCULATION GREENSBURG,PA. 1915 CONTENTS Page Introduction . .. Chapter I- 5 Samuel Craig, Senior, ( the Pioneer -to Western Pennsylvania) ........ Chapter rf- 14 John Craig and Descendants ...•...... Chapter III- 23 Alexander Craig an.d Descendan· ..• _•.. Chapter .IV- 45 Samuel Craig, Jr., and Descendants. Chapter V- 59 Rose Craig Elliott and Descendant,s ... Chapter VI- 68 Elizabeth Craig Thom and Descendants,. Chapter VII- 72 Esther Craig McClelland and Descendants, . Chapter VIII- 79 Andrew Craig and Descen.~ants ...... Chapter IX- 95 Jane Craig Wallace and Descendants, Chapter X- 98 Joseph Craig and Descendants, ...... Chapter XI-111 Agnes (Nancy) Craig Moorhead and Descendants .............. Chapter XII-123 Rebecca Craig Shield,s and Descendants ChapterXIII-140 A FOREWORD This history of Samuel Craig and his Descendants was begun by Mrs. Margaret Campbell Craig. She wrote partly from her own knowledge of events and also collected data from other ;-Sources. After her death, her granddaughter, Miss Jane Maria Craig, who had inherited her grandmother's love for genealogy, took up the work. Miss Craig had hoped to have the results of her work published in her lifetime and she had made some plans toward that end. At her death, the manuscript copy (:ame into_ the hands of her executors who had the same printed practically as Miss Craig had written it. CHAPTER I. INTRODUCTION There is a legend that the Craigs obtained their name from· an ancestor who in the remote past discover ed in a battle that by striking an enemy between the helmet and armor ( or on the craig or neck) that he could bring off a head at each stroke, and called to his follow ers, "The Craigs boys, the Craigs", and ,so gained for himself the patronymic of Craig. -
Glanvill Resarcinate: Sir John Skene and Regi Am Maßist Atem
GLANVILL RESARCINATE: SIR JOHN SKENE AND REGI AM MAßIST ATEM Hector L. MacQueen The focus of this essay is Sir John Skene's work in the late sixteenth and early seventeenth centuries upon the close link be tween two medieval legal texts, the Scottish Regiam Majestatem and the late twelfth-century English GlanvilL Today it is accepted that Regiam is fundamentally a copy of Glanvill, probably compiled in the fourteenth century.1 This was not the view of Skene. When he became the first to publish a text and Scots translation of Regiam, in 1609, he argued that the work had been put together in the reign of David I, king of Scots from 1124 to 1153, drawing on the attribution to 'king David' in its prologue. Glanvill, on the other hand, had been written in the reign of Henry II, king of England from 1154 to 1189, and was accordingly simply a version of Regiam adapted to English needs.2 But even in Skene's own time this was a controverted thesis. The best-known expression of the opposite view of some contemporaries is in the Jus Feudale of Master Thomas Craig, advocate of the Scottish bar, where Regiam is denounced as 'a blot on the jurisprudence of our country... the work of some obscure plagiarist'.3 In Scotland, this was the beginning of a debate which was to endure for some 250 years; my tide is drawn from the contribution to it of Lord Stair, first published in 1681, who commented that 'Craig doth very well observe... that these books called Regiam Majestatem are no part of our law, but were compiled for the customs of England in 13 books by the Earl of Chester, and by some unknown and inconsiderate hand stolen thence, and resarcinate into those four books which pass amongst us'.4 'Resarcinate' is an obscure word derived from the Latin verb 1 The following works are essential: A.A.M. -
Digital Resources for Scottish Neo-Latin Literature Ralph Mclean National Library of Scotland
Studies in Scottish Literature Volume 43 | Issue 2 Article 32 12-15-2017 Digital Resources for Scottish Neo-Latin Literature Ralph McLean National Library of Scotland Follow this and additional works at: https://scholarcommons.sc.edu/ssl Part of the Language Interpretation and Translation Commons, Literature in English, British Isles Commons, and the Other Classics Commons Recommended Citation McLean, Ralph (2017) "Digital Resources for Scottish Neo-Latin Literature," Studies in Scottish Literature: Vol. 43: Iss. 2, 339–347. Available at: https://scholarcommons.sc.edu/ssl/vol43/iss2/32 This Notes/Documents is brought to you by the Scottish Literature Collections at Scholar Commons. It has been accepted for inclusion in Studies in Scottish Literature by an authorized editor of Scholar Commons. For more information, please contact [email protected]. DIGITAL RESOURCES FOR SCOTTISH NEO-LATIN LITERATURE Ralph McLean Although works in Latin have been produced in Scotland for well over a millennium, in the modern age, as proficiency in the language declined, it became something of a poor relation for literary study, with works in English, Scots, and, Gaelic attracting more attention from scholars. However, in recent years, Latin literature in Scotland has enjoyed something of a Renaissance. Robert Crawford described Scottish literature in Latin as the country’s “literary lost continent,” but thanks to a range of projects that seek to make available key Latin texts, both in their original language and in accessible translations, what was once lost is now being rediscovered and reclaimed. This short article provides an outline of that recent scholarship and the sources available, primarily in online formats, but also more selectively in print, for those looking to explore this expanding field of study. -
Attitudes to Codification and the Scottish Science of Legislation, 1600-1830
TULANE EUROPEAN AND CIVIL LAW FORUM VOLUME 22 2007 Attitudes to Codification and the Scottish Science of Legislation, 1600-1830 John W. Cairns* I. INTERPRETATIONS OF SCOTS LAW, CIRCA 1600 ................................... 2 A. James VI and I and Union of the Laws ...................................... 2 B. The Development of Scots Law ................................................. 4 C. Ius Commune and Ius Proprium ................................................ 6 II. MUNICIPAL LAW AND STATUTE LAW, PRIOR TO 1707 .......................... 9 A. Written Law and Ius Commune ................................................. 9 B. “Codification” Proposals, Fifteenth to Seventeenth Centuries .................................................................................... 11 C. Statute, Custom, and Common Law ........................................ 14 D. Decisions and Common Law ................................................... 16 E. Viscount Stair, Custom, and Natural Law ............................... 19 F. Human Law, Custom, and Scots Law ...................................... 21 G. Scots Law and the Usus Modernus Pandectarum ................... 24 III. THE IMMEDIATE IMPACT OF THE UNION OF 1707 ............................... 25 A. Incorporating Union and Scots Law ........................................ 25 B. Legislative Neglect .................................................................... 28 C. The Role of the House of Lords ............................................... 29 * Professor of Legal History, University of -
Article III and the Scottish Enlightenment James E
Northwestern University School of Law Northwestern University School of Law Scholarly Commons Faculty Working Papers 2010 Article III and the Scottish Enlightenment James E. Pfander Northwestern University School of Law, [email protected] Repository Citation Pfander, James E., "Article III and the Scottish Enlightenment" (2010). Faculty Working Papers. Paper 105. http://scholarlycommons.law.northwestern.edu/facultyworkingpapers/105 This Working Paper is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Working Papers by an authorized administrator of Northwestern University School of Law Scholarly Commons. ARTICLE III AND THE SCOTTISH ENLIGHTENMENT James E. Pfander* & Daniel D. Birk** 124 HARV. L. REV. __ (forthcoming 2011) ABSTRACT Historically-minded scholars and jurists invariably turn to English law and precedents in attempting to recapture the legal world of the framers. Blackstone’s famous Commentaries on the Laws of England offer a convenient reference for moderns looking backwards. Yet the generation that framed the Constitution often relied on other sources, including Scottish law and legal institutions. Indeed, the Scottish judicial system provided an important, but overlooked, model for the framing of Article III. Unlike the English system of overlapping original jurisdiction, the Scottish judiciary featured a hierarchical, appellate-style judiciary, with one supreme court sitting at the top and an array of inferior courts of original jurisdiction down below. What’s more, the Scottish judiciary operated within a constitutional framework -- the so-called Acts of Union that combined England and Scotland into Great Britain in 1707 -- that protected the role of the supreme court from legislative re-modeling. -
Diary of Sir Archibald Johnston of Wariston 1650
PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY SECOND SERIES VOL. XVII I DIARY OF SIR ARCHIBALD JOHNSTON OF WARISTON VOL. II March 1919 Al;i- 22I94S DIARY OF SIR ARCHIBALD JOHNSTON "' OF WARISTON VOLUME II 1650-1654 Edited from the Original Manuscript, with Notes and Introduction by DAVID HAY FLEMING, LL.D. GtiVbV^LtDGfCAL SOCIETY OP TME CHURCM OP .JE<;US CMRIST OP LAnER.OAV SAINTS EDINBURGH 3035'i Printed at the University Press by T. and A. Constable for the Scottish History Society 1919 CONTENTS PAGE INTRODUCTION .... ix DIARY— 22 March l650 to 7 April l650 . 1 22 July 16"50 to 20 August l650 2 5 October l650 to 21 November l650 27 28 March 1 651 to 12 April 1651 31 12 April 1651 to 1 July l651 38 14 July 1651 to 12 October 1651 78 1 April 1652 to 22 September l652 151 17 January l654 to 19 February 1654 195 50 February l654 to 6 April l654 208 7 April 1654 to 12 May l654 229 12 May 1654 to 8 June 1654 256 8 June 1654 to 5 July 1654 266 6 July 1664 to 3 August 1654 . 280 4 August l654 to 29 August l654 291 APPENDIX A 311 APPENDIX B . .' . 317 INDEX 321 ; INTRODUCTION The previous volume of this Diary, so admirably edited by Sir George M. Paul, ended in February 1639, and this one begins in March 1650, so that there is a gap of eleven years, save for the fragment, extending from May 1639 to August 1640, included in Volume xxvi. -
Collected Essays and Reviews of Thomas Graves Law LL.D
COLLECTED ESSAYS AND REVIEWS COLLECTED ESSAYS AND REVIEWS OF THOMAS GRAVES LAW, LL.D. Edited with a Memoir by P. HUM E BROWN, LL.D. FRASER PROFESSOR OF ANCIENT (SCOTTISH) HI8TORY AND PALAEOGRAPHY IN THE UNIVERSITY OF EDINBURGH EDINBURGH PRINTED BY T. AND A. CONSTABLE AT THE UNIVERSITY PRESS 1 9 0 4 CONTENTS PAGE MEMOIR .......... vii 1. THE MANUFACTURE AND DISTRIBUTION OF BOOKS IN THE FOUR TEENTH CENTURY, OR BOOKSELLERS AND LIBRARIANS ONE HUNDRED YEARS BEFORE PRINTING............................................. 1 2 . BIBLICAL STUDIES IN THE MIDDLE AGES .... 20 3. THE LATIN VULGATE AS THE AUTHENTIC VERSION OF THE C H U R C H .......................................................................................... 53 4 . SOME CURIOUS TRANSLATIONS OF MEDI EVAL LATIN . 98 5. JOHN MAJOR, SCOTTISH SCHOLASTIC, I 47O-I55O . 105 6. SHAM IMPRINTS IN THE REIGN OF ELIZABETH . .138 7 . DEVIL-HUNTING IN ELIZABETHAN ENGLAND . 155 8. LETTERS AND MEMORIALS OF CARDINAL ALLEN . 176 9. ENGLISH JESUITS AND SCOTTISH INTRIGUES, 1581-82 . 217 10. THE SPANISH BLANKS AND CATHOLIC EARLS, 1592-94 . 2 44 11. JOHN C R A I G ...........................................................................................2 77 12. FATHER WILLIAM CRICHTON, S.J. ..... 305 13. ROBERT BRUCE, CONSPIRATOR AND SPY .... 3 13 14. COLONEL WILLIAM SEMPILL, THE HERO OF LIERRE . 3 20 15. SIR WILLIAM STEWART OF HOUSTON, A CAPTAIN OF THE KING'S GUARD..................................................................................................... 3 2 7 16. THE LEGEND OF ARCHANGEL LESLIE ..... 3 3 2 17. ARCHANGEL LESLIE OF SCOTLAND : A SEQUEL . 365 18. INTERNATIONAL M O R A L I T Y .........................................................3 7 7 APPENDIX----BIBLIOGRAPHY ...... 3 93 I N D E X ......................................................................................................3 97 764 F o r their kind permission to reproduce the contents of this volume the publishers have to express their cordial thanks to Sir James H.