Scotland Court Records: Difference between revisions

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Checking the minute books is one way to find information in national court records. There are two types of minute books:
Checking the minute books is one way to find information in national court records. There are two types of minute books:


* The general minute books list all cases that came before the court.  
* The general minute books list all cases that came before the court.  
* Particular minute books list cases before a particular office within the court.
* Particular minute books list cases before a particular office within the court.


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'''Court of the Exchequer'''. Between 1708 and 1856 the Court of Exchequer dealt with revenue cases, including debts to the crown. After 1856, its jurisdiction was transferred to the Court of Session.
'''Court of the Exchequer'''. Between 1708 and 1856 the Court of Exchequer dealt with revenue cases, including debts to the crown. After 1856, its jurisdiction was transferred to the Court of Session.


'''Local Courts '''
'''Local Courts'''


'''Sheriff Courts.''' Each county in Scotland falls under the jurisdiction of at least one sheriff court.
'''Sheriff Courts.''' Each county in Scotland falls under the jurisdiction of at least one sheriff court.
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'''Justice of the Peace Courts'''. Justice of peace courts had both civil and criminal jurisdiction but were not used as often as the sheriff courts or the justiciary courts. Surviving records are sparse.
'''Justice of the Peace Courts'''. Justice of peace courts had both civil and criminal jurisdiction but were not used as often as the sheriff courts or the justiciary courts. Surviving records are sparse.


'''Franchise Courts. '''Franchise courts, which include regality, barony, stewartry, and bailiary courts.
'''Franchise Courts.'''Franchise courts, which include regality, barony, stewartry, and bailiary courts.


* Were those granted by the crown to specific landowners who could hold court in their own lands
* Were those granted by the crown to specific landowners who could hold court in their own lands
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The Stair Society has published justiciary court records for Argyll and the Isles for 1664 to 1742, and barony and regality court records for Falkirk and Callendar for 1638 to 1656. (941 B4st vols. 12, 25, and 38.) The first two volumes are also on microfilm 0990279 item 3.
The Stair Society has published justiciary court records for Argyll and the Isles for 1664 to 1742, and barony and regality court records for Falkirk and Callendar for 1638 to 1656. (941 B4st vols. 12, 25, and 38.) The first two volumes are also on microfilm 0990279 item 3.


'''Criminal Courts '''
'''Criminal Courts'''


Criminal cases are tried by either the High Court of Justiciary and its circuit courts (with records dating from 1488) or by one of the local courts, depending on the nature of the case (see the previous section, "Local Courts," for information about these courts).
Criminal cases are tried by either the High Court of Justiciary and its circuit courts (with records dating from 1488) or by one of the local courts, depending on the nature of the case (see the previous section, "Local Courts," for information about these courts).
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Scottish Record Society. ''Commissariat of Edinburgh: Consistorial Processes and Decreets, 1658-1800''. Edinburgh, Scotland: J. Skinner, 1909. (FHL book 941 B4sr vol. 34.)
Scottish Record Society. ''Commissariat of Edinburgh: Consistorial Processes and Decreets, 1658-1800''. Edinburgh, Scotland: J. Skinner, 1909. (FHL book 941 B4sr vol. 34.)


The actual records are at the Scottish Record Office at http://www.gro-scotland.gov.uk/ in Edinburgh. Indexes for 1800 to 1830 are also available at that office.
The actual records are at the Scottish Record Office at http://www.gro-scotland.gov.uk/ in Edinburgh. Indexes for 1800 to 1830 are also available at that office.


Since 1830, the Court of Session has had jurisdiction over divorce. These records are available at the Scottish Record Office and are open to the public to 1912. There are minute books and indexes to the records.
Since 1830, the Court of Session has had jurisdiction over divorce. These records are available at the Scottish Record Office and are open to the public to 1912. There are minute books and indexes to the records.
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Moody, David. ''Scottish Local History: An Introductory Guide'', 1986. London, England: B. T. Batsford. (FHL book 941 D27m.)
Moody, David. ''Scottish Local History: An Introductory Guide'', 1986. London, England: B. T. Batsford. (FHL book 941 D27m.)
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