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The Shape of the State in Medieval Scotland, 1124–1290$
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Alice Taylor

Print publication date: 2016

Print ISBN-13: 9780198749202

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780198749202.001.0001

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Written Law and the Maintenance of Order, 1124–1230

Written Law and the Maintenance of Order, 1124–1230

(p.114) 3 Written Law and the Maintenance of Order, 1124–1230
The Shape of the State in Medieval Scotland, 1124–1290

Alice Taylor

Oxford University Press

This chapter identifies two major shifts in how law was made and order maintained between 1124 and 1230. The first was one where kings gradually took away the primary responsibility for actually making and writing the law from iudices, hitherto the specialists who were responsible for preserving legal rules, fragments of which are identified in this chapter. The second concerns the explicit methods of enforcement incorporated into written law: we move from the law of the later twelfth century, in which legal prescriptions are not situated within an institutional and jurisdictional structure, to the law of the mid-thirteenth century, in which such prescriptions are situated within such a structure. The half-century or so before 1230 thus emerges as a period when major administrative and jurisdictional changes were occurring in the institutional apparatus for the maintenance of law and order.

Keywords:   law, Leges inter Brettos et Scotos, jurisdiction, charter diplomatic, medieval Scotland, protection, legal specialism, feud, crime, punishment, brieves

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