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{{CountrySidebar | |||
|Country=Scotland | |||
|Name=Scotland | |||
|Type=Topic | |||
|Topic Type=Records | |||
|Records=Court Records | |||
|Rating=Standardized | |||
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| link1=[[Scotland Genealogy|Scotland]] | |||
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| link5=[[Scotland Court Records|Court Records]] | |||
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Court records are a very useful but complex source of information. There are many different courts and courts within courts. | Court records are a very useful but complex source of information. There are many different courts and courts within courts. | ||
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Your ancestors could have been litigants in cases that were brought before any of the courts described below. However, if your ancestors were involved in a court case, it was most likely in the Court of Session (described under "National Courts") or the sheriff courts (described under "Local Courts"). | Your ancestors could have been litigants in cases that were brought before any of the courts described below. However, if your ancestors were involved in a court case, it was most likely in the Court of Session (described under "National Courts") or the sheriff courts (described under "Local Courts"). | ||
=== | == Online Resources == | ||
*'''1560-1930''' [https://www.myheritage.com/research/collection-20684/scotland-court-of-session-processes-acts-decrees-1560-1930?s=275764761 Scotland, Court of Session Processes, Acts and Decrees, 1560-1930] at MyHeritage ($) | |||
*'''1587-1968''' [https://www.myheritage.com/research/collection-20404/scotland-crown-counsel-procedure-books?s=275764761 Scotland, Crown Counsel Procedure Books] at MyHeritage — index ($) | |||
*'''1651''' [http://search.ancestry.com/search/db.aspx?dbid=34544 Scotland, The Register of the Great Seal of Scotland, 1306 - 1651] at Ancestry - index & images ($) | |||
*'''1658''' [https://search.findmypast.com/search-world-records/scotland-names-of-witches-1658 Scotland, Names of Witches 1658] at Findmypast - index & images ($) | |||
*'''1658-1919''' {{RecordSearch|2390848|Scotland Church Records and Kirk Session Records, 1658-191}} at FamilySearch - [[Scotland Church Records and Kirk Session Records - FamilySearch Historical Records|How to Use this Collection]]; index | |||
*'''1700s-1900s''' [https://www.scottishindexes.com/learningprison.aspx Scottish Indexes - Free Prison Search] - at Scottishindexes.com - index | |||
*'''1748-1914''' [https://www.myheritage.com/research/collection-10328/scotland-selected-sheriff-court-paternity-case-index-1748-1914?s=218489221 Scotland, Selected Sheriff Court Paternity Case Index, 1748 - 1914] at MyHeritage - index ($) | |||
*'''1750-Onward''' [https://www.myheritage.com/research/collection-20434/scotland-paternity-decrees-processes-case-papers?s=275764761 Scotland, Paternity Decrees, Processes and Case Papers] at MyHeritage — index ($) | |||
*'''1752-1921''' [http://search.ancestry.com/search/db.aspx?dbid=62498 Web: Scotland, Sheriff Court Paternity Processes or Case Papers, 1752-1921] at Ancestry — index ($) | |||
*'''1790-1919''' [https://www.ancestry.com/search/collections/62489/ Web: Scotland, High Court Criminal Indexes, 1790-1919] at Ancestry - index ($) | |||
*'''1828-1878''' [https://www.myheritage.com/research/collection-10329/scotland-selected-prison-registers-1828-1878?s=218489221 Scotland, Selected Prison Registers, 1828 - 1878] at MyHeritage - index ($) | |||
*'''1841-1922''' [https://www.ancestry.com/search/collections/62702/ Aberdeenshire, Scotland, Criminal and Court Records, 1841-1922] at Ancestry — index & images ($) | |||
*[https://www.scottishindexes.com/ScotlandsCriminalDatabase.aspx Scotland's Criminal Databases] at Scottish Indexes | |||
*[https://www.myheritage.com/research/collection-20060/scotland-high-court-precognitions-trial-papers?s=275764761 Scotland, High Court Precognitions and Trial Papers] at MyHeritage - index ($) | |||
*[http://www.scottishindexes.com/paternitysearch.aspx Scottish Paternity Index] at Scottishindexes.com - index | |||
*[https://spows.org/ Scottish Prisoners of War Society] | |||
*[http://www.nrscotland.gov.uk/ National Records of Scotland] - contains information about Scotland court records and where to find them. See the [http://www.nrscotland.gov.uk/research/guides/church-court-records-online Church Court Records Online Research Guide] for more information | |||
*[https://search.findmypast.com/search-world-Records/scotland-court-and-criminal-database Scotland, Court & Criminal Database] at Findmypast - index ($) | |||
== Types of Courts == | |||
=== National Courts === | |||
'''Court of Session.''' The highest civil court in Scotland is the Court of Session. Its records, dating from 1478, are vast and complex and include: | '''Court of Session.''' The highest civil court in Scotland is the Court of Session. Its records, dating from 1478, are vast and complex and include: | ||
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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 === | |||
'''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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*Surviving records are unindexed and difficult to use. | *Surviving records are unindexed and difficult to use. | ||
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 | 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 {{FSC|0990279|film|disp=0990279}} item 3. | ||
'''Criminal Courts''' | '''Criminal Courts''' | ||
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Divorce has been possible in Scotland since 1560. Until 1830, divorce fell under the jurisdiction of the Commissary Court of Edinburgh. You can find an indexed catalog of divorce cases in: | Divorce has been possible in Scotland since 1560. Until 1830, divorce fell under the jurisdiction of the Commissary Court of Edinburgh. You can find an indexed catalog of divorce cases in: | ||
Scottish Record Society. ''Commissariat of Edinburgh: Consistorial Processes and Decreets, 1658-1800''. Edinburgh, Scotland: J. Skinner, 1909. ( | Scottish Record Society. ''Commissariat of Edinburgh: Consistorial Processes and Decreets, 1658-1800''. Edinburgh, Scotland: J. Skinner, 1909. (FS Library book 941 B4sr vol. 34.) | ||
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. | ||
The | The FamilySearch Library does not have divorce records for Scotland. | ||
=== Finding Court Records === | === Finding Court Records === | ||
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The Scottish Record Office in Edinburgh has most of Scotland’s court records. Many of the records are indexed or otherwise inventoried. The records, indexes, inventories, and minute books are open to the public up to about 1912. | The Scottish Record Office in Edinburgh has most of Scotland’s court records. Many of the records are indexed or otherwise inventoried. The records, indexes, inventories, and minute books are open to the public up to about 1912. | ||
The | The FamilySearch Library has copies of published and microfilmed minute books, repertories, and so forth. These include such records for the Court of Session (for 1805 to 1955) and some of the sheriff and burgh courts. | ||
To find court records look in the Locality Search of the [ | To find court records look in the Locality Search of the familysearch.org [https://www.familysearch.org catalog/search] | ||
SCOTLAND - COURT RECORDS | SCOTLAND - COURT RECORDS<br> | ||
SCOTLAND - COURT RECORDS - INDEXES<br> | |||
SCOTLAND [COUNTY] - COURT RECORDS<br> | |||
SCOTLAND [COUNTY] - COURT RECORDS - INDEXES<br> | |||
=== Books === | |||
For more information about Scottish court records and their use, see: | |||
*Sinclair, Cecil. ''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office''. Edinburgh, Scotland: Her Majesty’s Stationery Office, 1990. (FamilySearch Library book 941 D27s.) | |||
* | *Moody, David. ''Scottish Local History: An Introductory Guide'', 1986. London, England: B. T. Batsford. (FamilySearch Library book 941 D27m.) | ||
{{Template:Pros-Scot}} | |||
{{Place|Scotland}} | {{Place|Scotland}} | ||
[[Category:Scotland|Court Records]] | [[Category:Scotland|Court Records]][[Category:Court Records by Country]] | ||