fiscal

From Middle French fiscal, from Latin fiscus (“treasury”) – see fiscus and fisc.

Procurator fiscal
procurator fiscal#English

(Scots law) Procurator fiscal, a public prosecutor.


advocate

en-verb

advocate (third-person singular simple present advocates, present participle advocating, simple past and past participle advocated)

advocates (present singular third-person)
advocating (participle present)
advocated (participle past)
advocated (past)

From Middle English advocat, advoket, from Old French advocat, from Latin advocātus (past participle of advocāre (“to call for”)), a calque of Ancient Greek παράκλητος (paráklētos) (whence English paraclete). Doublet of advoke, avocat, avouch, and avow.

doublet

(Scots law) To appeal from an inferior court to the Court of Session.

(Scots law, in higher courts) To call a case before itself for decision.


reset

In early times it was common to charge the reset of property taken by robbery as reset of theft. But in later practice reset of property taken by robbery has been frequently libelled and found relevant (1).

1867, John H. A. MacDonald, A Practical Treatise on the Criminal Law of Scotland, Edinburgh: William Paterson, page 405:

(Scots law) The crime of knowingly and dishonestly receiving stolen goods, or harbouring an outlaw.


reset

en-verb

reset (third-person singular simple present resets, present participle resetting, simple past and past participle resetted)

resets (present singular third-person)
resetting (participle present)
resetted (participle past)
resetted (past)
ressett (alternative)

Criminal resetting of property shall not be limited to the receiving of property taken by theft or robbery, but shall extend to the receiving of property appropriated by breach of trust and embezzlement and by falsehood, fraud and wilful imposition.

1995, Parliament of the United Kingdom, “Part VI, section 51”, in Criminal Law (Consolidation) (Scotland) Act 1995, page 41:

(Scots law) To receive and hide (stolen goods, or a criminal, etc.)


suspension

en-noun

suspension (countable and uncountable, plural suspensions)

Borrowed from Late Latin suspensiōnem (“arching, vaulting; suspension”), from suspendēre (“to hang up, to suspend”), from sub- (“under”) + pendere (“to hang, to suspend”), from Proto-Italic *pendō (“to hang, to put in a hanging position”), from Proto-Indo-European *(s)pénd-e-ti, from *(s)pend- (“to pull; to spin”)). Compare Anglo-Norman suspensiun, French suspension, Occitan suspensio.

der

(Scots law) A stay or postponement of the execution of a sentence, usually by letters of suspension granted on application to the Lord Ordinary.

εκκρεμότητα

Scots law: stay or postponement of the execution of a sentence


upgive

en-verb

upgive (third-person singular simple present upgives, present participle upgiving, simple past upgave, past participle upgiven)

upgives (present singular third-person)
upgiving (participle present)
upgave (past)
upgiven (participle past)

From up- + give. Cognate with German aufgeben (“to abandon, give up, quit”).

cog

[…] we hereby resign, surrender, upgive, overgive and deliver, ALL and WHOLE — (here the lands were described) — together with all right, title and interest whatever […]

1811, Robert Bell, A System of the Forms of Deeds Used in Scotland, page 116:

Then, too, are Jersey's sons all resolute, / Repairing to the camp in numbers great, / Their sufferings to avenge upon the foe, / Which all must cease should Jersey be upgiven.

1849, Robert Wharton Landis, Liberty's Triumph: A Poem, page 255:

There fell a sudden rain then, from the gods: / Which glisters, in the sun, like golden hairs; / And earth upgave sweet savour of her sod, / Mingled with iron stink of sweat and blood.

1906, Charles Montagu Doughty, The Dawn in Britain, page 4:

(transitive, poetic, obsolete except in Scots law) To give up or yield up.


augmentation

en-noun

augmentation (countable and uncountable, plural augmentations)

From Middle English augmentation, augmentacion, augmentacioun, from Old French augmentacion, from Latin augmentātiō, verbal noun from augmentō (“increase”, verb).

(Scots law) An increase of stipend obtained by a parish minister by an action raised in the Court of Teinds against the titular and heritors.


affect

en-verb

affect (third-person singular simple present affects, present participle affecting, simple past and past participle affected)

affects (present singular third-person)
affecting (participle present)
affected (participle past)
affected (past)

From Middle English affecten, from Latin affectāre, from Latin affectus, the participle stem of Latin afficere (“to act upon, influence, affect, attack with disease”), from ad- + facere (“to make, do”).

der

(transitive, Scots law) To burden (property) with a fixed charge or payment, or other condition or restriction.


lock

From Middle English lok, lokke, from Old English locc (“hair of the head, hair, lock of hair, curl, ringlet”), from Proto-West Germanic *lokk, from Proto-Germanic *lukkaz, from Proto-Indo-European *lugnó-, from Proto-Indo-European *lewg- (“to bend”).
Cognate with West Frisian lok, lokke, Dutch lok (“earlock, curl”), German Locke (“lock of hair, curl”), Danish lok, Swedish lock (“lock of hair, curl”). It has been theorised that the word may be related to the Gothic verb *𐌻𐌿𐌺𐌰𐌽 (*lukan, “to shut”) in its ancient meaning "to curb".

inh

(Scots law, historical) A quantity of meal, the perquisite of a mill-servant.


minor

minors (plural)
miner (alternative)
maner (alternative)
minore (alternative)
minour (alternative)
mynor (alternative)
mynour (alternative)
mynowr (alternative)
mi (alternative)

From Middle English minor, menor, menour, etc., from Latin minor (“lesser; young; young person”) both directly and via Norman and Middle French menor, menour, etc. Doublet of minus but not mini-. Cognate with minister, minify, Minorca, Menshevik, and possibly minnow. Compare Latin minimum and minuō, Old High German minniro, Cornish minow.

byvak

subject of secondary undergraduate study

(Scots law, obsolete) An adolescent, a person above the legal age of puberty but below the age of majority.


adhere

en-verb

adhere (third-person singular simple present adheres, present participle adhering, simple past and past participle adhered)

adheres (present singular third-person)
adhering (participle present)
adhered (participle past)
adhered (past)
adhære (alternative)

From Middle English *adheren (suggested by Middle English adherande (“adhering, adherent”, present participle)), from Latin adhaerēre, adhaesum: ad (“to”) + haerēre (“to stick”). Compare French adhérer.

cog

The Dictionary of the Scots Language
w:Dictionary of the Scots Language

Scottish Language Dictionaries
w:Scottish Language Dictionaries

(intransitive, Scots law) To affirm a judgment.


advise

en-verb

advise (third-person singular simple present advises, present participle advising, simple past and past participle advised)

advises (present singular third-person)
advising (participle present)
advised (participle past)
advised (past)
advise (infinitive)
advize (alternative)
avise (alternative)
avize (alternative)

From Middle English avisen (“to perceive, consider, inform”), from Old French aviser, from avis, or from Late Latin advisō, from ad + visō, from Latin videō (“to see”), visum (“past participle of videō”). See also advice.

inh

(Scots law) To deliver judgment after a case has been reserved for further consideration.


reduce

en-verb

reduce (third-person singular simple present reduces, present participle reducing, simple past and past participle reduced)

reduces (present singular third-person)
reducing (participle present)
reduced (participle past)
reduced (past)

From Middle English reducen, from Old French reduire, from Latin redūcō (“reduce”); from re- (“back”) + dūcō (“lead”). See duke, and compare with redoubt.

(transitive, Scots law) To annul by legal means.


diet

diets (plural)
diët (alternative)
diate (alternative)

From Middle English diet, dyet, from Old French diete, from Medieval Latin diēta, diaeta (“a public assembly; set day of trial; a day's journey”), from Ancient Greek δῐ́αιτα (dĭ́aita, “way of living, living space; decision, judgement”), influenced by Latin diēs (“day”).

der

(Scots law) A criminal proceeding in court.


ward

en-noun

ward (countable and uncountable, plural wards)

→ Swahili: wodi

From Middle English ward, warde, from Old English weard (“watching, ward, protection, guardianship; advance post; waiting for, lurking, ambuscade”), from Proto-West Germanic *wardu, from Proto-Germanic *wardō (“protection, attention, keeping”), an extension of the stem *wara- (“attentive”) (English wary, beware), from Proto-Indo-European *wer- (“to cover”).
Cognate with German Warte (“watchtower”), warten (“wait for”); English guard is a parallel form which came via Old French.

inh

(historical, Scots law) Land tenure through military service.

Protection, defence.
Land tenure through military service.


feu

(Scots law, property law, historical) Land held in feudal tenure.


feu

en-verb

feu (third-person singular simple present feus, present participle feuing, simple past and past participle feued)

feus (present singular third-person)
feuing (participle present)
feued (participle past)
feued (past)

1813, "Keith", Entry in Nicholas Carlisle, A Topographical Dictionary of Scotland, Volume II, unnumbered page,
The Village of OLD KEITH is of ancient date, having been partly feued by the predecessors of the Family of Forbes, and partly feued by the Ministers, and stands upon the glebe: this Village is greatly on the decline, and almost a ruin.—About the year 1750, the late Lord FINDLATER divided a barren Muir, and feued it out in small lots […] .

1841, Alexander Dunlop, J. M. Bell, John Murray, James Donaldson (reporters), Cases Decided in the Court of Session, Volume 3, 2nd Series, page 620,
The prohibition of feuing beyond a certain extent was clearly implied; […] .

But in effect, whereas Heriot's knew that their feuing conditions were subordinate to the law of contract, the Earl of Moray knew by 1822 that as a result of the Lords' decision in 1818 estate development could not be controlled by contract law and the feuing plan.[…]The impact on the Moray estate was that[…]despite a recession in the Edinburgh property market generally after 1826, virtually the entire estate was feued by 1836.

2001, Richard Rodger, “The Transformation of Edinburgh: Land, Property and Trust in the Nineteenth Century”, in Paperback, Cambridge University Press, published 2004, page 68:

(Scots law, transitive) To bring (land) under the system of feudal tenure.


feu

(Scots law, property law) feud, tenure, piece of land held by that tenure


stress

en-noun

stress (countable and uncountable, plural stresses)

Hans Selye
Walter Cannon
stress
stress (mechanics)

From a shortening of Middle English destresse, borrowed from Old French destrecier, from Latin distringō (“to stretch out”). This form probably coalesced with Middle English stresse, from Old French estrece (“narrowness”), from Vulgar Latin *strictia, from Latin strictus (“narrow”).
In the sense of "mental strain" or “disruption”, used occasionally in the 1920s and 1930s by psychologists, including Walter Cannon (1934); in “biological threat”, used by endocrinologist Hans Selye, by metaphor with stress in physics (force on an object) in the 1930s, and popularized by same in the 1950s.

(Scots law) distress; the act of distraining; also, the thing distrained.


superior

superiors (plural)
superiour (alternative)

/sʉːˈpɪə.ɹiː.ə/

From Middle English, borrowed from Old French superiour, from Latin superior (“higher, upper”).

(Scots law, historical) One who has made an original grant of heritable property to a tenant or vassal, on condition of a certain annual payment (feu duty) or of the performance of certain services.


panel

From Middle English panel (“piece of cloth, saddle pad, pane of glass, piece of ice, part, division, jury list, jury members”), from Anglo-Norman panel, panelle (“piece of cloth, saddle cushion”), from Vulgar Latin *pannellus, diminutive of Latin pannus (“cloth, rag, garment”), from Proto-Indo-European *peh₂n- (“fabric”). Cognate with Old English fana (“a piece of cloth, patch, banner, flag, vane”). Doublet of vane.

cog

[I]t remains only to examine the Relevancy of the two general exculpatory Defences pled for the Pannells.

1737, “Information for His Majesty’s Advocate, and Mr. Hugh Forbes, Advocate, Procurator Fiscal of the High Court of Admiralty, against Thomas McAdam, and James Long, Pannels”, in Extract of the Proceedings before James Graham of Airth, Esq; Judge of the High Court of Admiralty in Scotland, in the Action at the Instance of Duncan Forbes, Esq; His Majesty’s Advocate, and Mr. Hugh Forbes, Advocate, Procurator Fiscal of the Said High Court, against Thomas McAdams Souldier, and James Long Corporal, in the Regiment of Foot Commanded by Colonel —— Hamilton. Laid before the House Pursuant to Their Lordship’s Order April 18, 1737, London: Printed by John Baskett, […], →OCLC, page 12:

(Scots law) A prisoner arraigned for trial at the bar of a criminal court.


crave

From Middle English craven, from Old English crafian (“to crave, ask, implore, demand, summon”), from Proto-West Germanic *krafōn, from Proto-Germanic *krafjaną (“to demand”). Cognate with Danish kræve (“to demand, require”), Swedish kräva (“to crave, demand”), Icelandic krefja (“to demand”), Norwegian kreve (“to demand”).

inh

(Scots law) A formal application to a court to make a particular order.


superiority

en-noun

superiority (countable and uncountable, plural superiorities)

superiorities (plural)
superiourity (alternative)

From Middle English superiorite, from Old French superiorite, from Medieval Latin superioritas, from Latin superior.
Morphologically superior + -ity.

(Scots law, historical) The right which the superior enjoys in the land held by the vassal.


adduce

en-verb

adduce (third-person singular simple present adduces, present participle adducing, simple past and past participle adduced)

adduces (present singular third-person)
adducing (participle present)
adduced (participle past)
adduced (past)

From Middle English adducen, from Latin addūcere, adductum (“to lead or bring to”), from ad- + dūcere (“to lead”). See duke, and compare adduct.

(transitive, Scots law) To produce in proof.


adduce

head

adduce (third-person singular simple present adduces, present participle adducin, simple past adduced, past participle adduced)

adduces (present singular third-person)
adducin (participle present)
adduced (past)
adduced (participle past)

Borrowed from Latin adducere, adductum (“to lead or bring to”).

(transitive, Scots law) to adduce (produce in proof)


missive

15th century; from Medieval Latin missīvus, from mittō (“to send”).

(in the plural, Scots law) Letters sent between two parties in which one makes an offer and the other accepts it.


production

en-noun

production (countable and uncountable, plural productions)

→ Japanese: プロダクション (purodakushon)

/pɹəˈdʌkʃən/

From Middle English produccioun, from Old French production, from Latin prōductiō, prōductiōnem (“a lengthening, prolonging”). See produce.

der

(Scots law, in the plural) Written documents produced in support of the action or defence.


succession

en-noun

succession (countable and uncountable, plural successions)

Inherited from Middle English [Term?], from Old French succession, from Latin successiō (noun).

An act, process, or instance of succeeding:

(historical) In Roman and Scots law, the taking of property by one person in place of another.


resignation

resignation (countable and uncountable, plural resignations)

/ˌɹɛz.ɪɡˈneɪ.ʃən/

/ˌɹez.ɪɡˈnæɪ.ʃən/

From Middle English resignacion, resignacioun, from Old French resignation, from Medieval Latin resignātiōnem, accusative of resignātio. Equivalent to resign + -ation.

(Scots law, historical) The form by which a vassal returns the feu into the hands of a superior.


interlocutor

interlocutors (plural)
interlocutour (alternative)

From French interlocutoire, from Latin interlocūtōrium.

LL-Q1860 (eng)-Flame, not lame-interlocutor.wav

A decree of the English Court of Chancery is not entitled to more respect in Scotland than a decree (interlocutor) of the Scottish Court of Session in England.

1869, “The Judicial System of Scotland”, in The American Law Register (1852-1891), volume 17, number 5, page 257:


recognition

recognition (usually uncountable, plural recognitions)

/ˌɹɛkəɡˈnɪʃən/

From Middle English recognicion, from Middle French recognicion, recognition and its etymon Latin recognitiōnem (accusative of recognitiō), from recognitus, past participle of recognōscere.

(Scots law, historical) A return of the feu to the superior.


irritate

en-verb

irritate (third-person singular simple present irritates, present participle irritating, simple past and past participle irritated)

irritates (present singular third-person)
irritating (participle present)
irritated (participle past)
irritated (past)

From Latin irritātus, past participle of irritō (“I invalidate, annul”), from irritus (“invalid”), negation of ratus (“valid, established, fixed”).

/ˈɪɹ.ɪˌteɪt/

c. 1634-1661 John Bramhall, Protestants' Ordination Defended
Are human laws presently superfluous, so often as they do not irritate or abrogate Divine laws ?

(transitive, obsolete, Scots law) To render null and void.


facility

en-noun

facility (countable and uncountable, plural facilities)

From Middle English facilite, from Middle French facilité, and its source, Latin facilitās. By surface analysis, facile + -ity. Doublet of faculty.

(Scots law) A condition of mental weakness less than idiocy, but enough to make a person easily persuaded to do something against their better interest.


adherence

adherence (countable and uncountable, plural adherences)

adherences (plural)
adhærence (alternative)

From Middle French adhérence, from Latin adhærentia.

(Scots law) The fulfilment of the legal obligation of residing with wife or husband.


chancellor

chancellors (plural)
chanceler (alternative)
chanceller (alternative)
chancellour (alternative)
chancelor (alternative)
chancelour (alternative)
chaunceler (alternative)
chaunceller (alternative)
chauncellor (alternative)
chauncellour (alternative)
chauncelor (alternative)
chauncelour (alternative)

/ˈtʃɑːnsələ/

/ˈt͡ʃænsələ/

Angela Merkel
Frick Collection
Hans Holbein the Younger
Thomas More

From Anglo-Norman or Middle English chaunceler, chanceler, canceler (“chief administrative or executive officer of a ruler; chancellor, secretary; private secretary, scribe; Lord Chancellor of England; officer of the ruler's exchequer; a high administrative or executive officer (for example, a deputy or representative of a bishop; the head of a university)”), from Old French cancelier, chancelier (“chancellor”), from Late Latin cancellārius (“secretary; doorkeeper, porter; usher of a court of law stationed at the bars separating the public from the judges”), from Latin cancellī (plural of cancellus (“grate; bars, barrier; railings”), diminutive of cancer (“grid; barrier”), from Proto-Italic *karkros (“enclosure”), ultimately from Proto-Indo-European *(s)ker- (“to bend, turn”)) + -ārius (suffix forming nouns denoting an agent of use).
The word was present as Late Old English canceler, cancheler, from Norman cancheler, but was displaced in the 13th century by the Old French and Anglo-Norman forms mentioned above.

refn

From the Frick Collection in New York City, New York, USA.

مُسْتَشَار

senior secretary or official with administrative or legal duties, sometimes in charge of some area of government

"Have you agreed on your chancellor, gentlemen?" was the first question of the Judge. The foreman, called in Scotland the chancellor of the jury, usually the man of best rank and estimation among the assizers, stepped forward, and, with a low reverence, delivered to the Court a sealed paper, containing the verdict, […]

1818 July 25, Jedadiah Cleishbotham [pseudonym; Walter Scott], chapter XII, in Tales of My Landlord, Second Series, […] (The Heart of Mid-Lothian), volume II, Edinburgh: […] [James Ballantyne and Co.] for Archibald Constable and Company, →OCLC, pages 285–286:

The verdict must be returned to the Court by the chancellor of the jury, in presence of the accused, and of the whole jury; and, being engrossed in the record, and read aloud, it is then sealed up, in terms of the regulations 1672, No. 9, and deposited with the clerk of Court, never to be opened again but by order of the judges. The verdict, when in writing, is authenticated by the subscriptions of the chancellor and clerk of the jury, and accompanied with a list of the names of the jurors, and a state of the vote of each individual, "whether condemning or assoilzieing;" Regulations 1672, No. 9.

1826, Robert Bell, William Bell, “CRIMINAL PROSECUTION”, in A Dictionary of the Law of Scotland, 3rd revised and enlarged edition, volume I, Edinburgh: Printed for John Anderson & Co. […], and Bell & Bradfute, →OCLC, page 333:

[T]he pursuer moved the Court "for a rule to shew cause why this case should not be ordered to be tried, in respect that the verdict as it appears on the notes of the Judge furnished to the parties, was not declared by the chancellor or foreman of the jury in open Court, and taken down by the clerk of the said Court before the jury was discharged."

1853 July 16, Geo[rge] Dingwall Fordyce (reporter), James Paterson (reporter), William Gillies Tytler (reporter), Frederick Hallard (reporter), “James Mackenzie, Pursuer, v. Dunlop, Wilson and Co., Defenders.”, in Reports of Cases Decided in the Supreme Courts of Scotland, and in the House of Lords on Appeal from Scotland, [ […] Being a Continuation of The Scottish Jurist.">…


apprise

en-verb

apprise (third-person singular simple present apprises, present participle apprising, simple past and past participle apprised)

apprises (present singular third-person)
apprising (participle present)
apprised (participle past)
apprised (past)
apprise (infinitive)
apprize (alternative)

From Middle English aprisen, apprisen (“to determine or estimate the value of (something), to appraise, evaluate; to regard (something) as important, valuable, or worthy, to esteem, prize; to praise or worship (God)”), and then either:
* from Old French apriser, aprisier (“to appraise, evaluate”), from à (“to”) + prisier, preisier (“to attribute a value to, to appraise, value”) (from Latin pretiāre, the present active infinitive of pretiō (“(Late Latin) to consider valuable, hold in high regard, to esteem, prize, value; (Medieval Latin) to estimate the worth of, appraise, assess, value”), from pretium + -ō (suffix forming regular first-conjugation verbs)); or
* from Old French à pris (“to (put a) price (on)”) (pris (“price; esteem, (positive) reputation”) is derived from Latin pretium).
Pretium (“cost, price; value, worth”) is ultimately from Proto-Indo-European *per- (“before, in front; first”). The English word is a doublet of appraise, appreciate, praise, price, and prize.

doublet

Infeftments are alſo extinct, vvhen the Superior adjudgeth or appriſeth from his Vaſſal; for thereby it vvas found, that the Property vvas Conſolidat vvith the Superiority,

1681, James Dalrymple of Stair [i.e., James Dalrymple, 1st Viscount of Stair], “Extinction of Infeftments”, in The Institutions of the Law of Scotland, […], 1st part, Edinburgh: […] Heir of Andrew Anderson, […], →OCLC, page 416:

[T]he infeftment of annualrent, being jus sed ignobilius, becomes extinct, if the annualrenter thereupon do apprise the property, and be infeft: and therefore, whoever appriseth for any years of the annualrent, the infeftment thereof, unless it be taken away by satisfaction or redemption, extinguisheth the infeftment of annualrent, without distinction whether the apprising be led for any years belonging to the fiar, liferenter, or any other.

1832, James, Viscount of Stair [i.e., James Dalrymple, 1st Viscount of Stair], John S[hank] More, “Title V. Infeftments of Annualrent, where, of Poinding of the Ground, and of Pensions.”, in The Institutions of the Law of Scotland, […], new edition, volume I, Edinburgh: […] [James Walker] for Bell & Bradfute, →OCLC, page 387:

(specifically, Scots law) To put a price on (something) for the purpose of sale; to appraise.


interdict

From Middle English entrediten, from Old French entredire (“forbid”), from Latin interdīcō (“prohibit, forbid”), from inter- (“between”) + dīcō (“say”), from Proto-Indo-European *deyḱ-.

The Fife County Council, and other objectors, were successful in July [1950] in obtaining an interim interdict against this decision, but the Court of Session withdrew the interdict in January, and it was then stated that a civil court had no jurisdiction in the matter. […] Mr. Waller adds that when the railway was authorised in 1897, one of the clauses of the Act authorising the transfer of the line to the North British Railway provided that that company should work it in perpetuity, and it was this clause that caused the interim interdict to be granted.

1951 April, “Notes and News: North Fife Line, Scotland”, in Railway Magazine, number 600, page 281:

In May [1995], the court issued an interdict preventing the service withdrawal, pending consultation on the closure to passenger traffic of three short stretches of railway around Glasgow and its hinterland that were only used by the Fort William Sleeper - and for which BR had failed to invoke standard closure procedures.

2021 August 25, David Clough, “The Sleeper experience”, in RAIL, number 938, page 61:


defender

defenders (plural)
defendor (alternative)
defendour (alternative)

From Middle English defender, deffender, defendere, defendour, defendoure, partly from Anglo-Norman defendour, from Old French defendëor; partly from Middle English defenden + -ere, equivalent to defend + -er.

(Scots law) A defendant in a civil action.


delict

Borrowed from Latin delictum (“fault”), from neuter of delictus, past participle of delinquo (“to be lacking; to fail; to transgress”), from dē- + linquō (“to leave, quit, forsake, depart from”).

(civil law, Scots law) A wrongful act, analogous to a tort in common law.

civil law; Scots law; civil law; Scots law


mora

From Latin mora (“duration of time, delay”).

(Scots law) A delay in bringing a claim.


mora

(Scots law) mora (a delay in bringing a claim)


diligence

en-noun

diligence (countable and uncountable, plural diligences)

The precepts against parties, to whose oath of verity any point is referred, do only command them to compear at the term, with certification, that if they compear not, they shall be holden as confessing the point referred to their oath; but precepts against witnesses cannot have that certification, but all that can be done against them, or against the havers of writs, is to compel them to appear, and depone; and therefore these precepts are called executorials, because they are for putting the acts to effect by execution: they are also called compulsitors for the same reason. And they are called diligences, because they excuse the users thereof from negligence, whereby posterior diligences being exacty followed, are preferable to prior diligences being neglected, vigilantibus non dormientibus jura subveniunt, which is founded upon that great interest to hasten pleas to an end. They are also called diligences, because though the effect do not follow, yet the user thereof hath endeavoured what he could, and so is held as in the same case as if he had obtained the command of the precept. These precepts are called executorials before executions be thereupon; but they are only called diligences when they are executed in due time.
... Diligences are of three sorts, being either upon precepts before decreets, upon acts, or upon decreets.
The last sort of diligences and executorials, viz. those after decreets, which serve for putting of decreets to execution, and making them effectual, are ordinarily horning, caption, poinding, charges to remove, and thereupon letters of possession, (which are granted on all decreets in petitory and possessory actions, but declaratory actions need none,) together with the executory actions upon arrestments, and of adjudications of lands and annualrents..

1832 James, Viscount of Stair and J,S, More. The institutions of the law of Scotland. Vol 2, p 705

(Scots law) The process by which persons, lands, or effects are seized for debt; process for enforcing the attendance of witnesses or the production of writings.


common law

(law, Scots law, Roman-Dutch law) Law of general application throughout a country, province, or state as opposed to law having only a special or local application

Scots law; Roman-Dutch law; Scots law; Roman-Dutch law


adjudicate

en-verb

adjudicate (third-person singular simple present adjudicates, present participle adjudicating, simple past and past participle adjudicated)

adjudicates (present singular third-person)
adjudicating (participle present)
adjudicated (participle past)
adjudicated (past)

/əˈd͡ʒʉː.dɪ.kæɪt/

Borrowed from Latin adiūdicō, adiūdicātus, from ad + iūdicō (“to judge”). Doublet of adjudge.

bor+

(Scots law, transitive, as of a debtor's estate) to seize or convey as security.


letter of relaxation

en-noun

letter of relaxation (plural letters of relaxation)

Do you think that the state of the exchanges is that which ought to guide the discretion of the Government, with reference to the issue of a similar letter of relaxation?

1858, Samuel Jones-Loyd Overstone, Overstone Tracts on Metallic and Paper Currency:

(Scots law) A letter passing the signet, whereby a debtor is relieved from personal diligence, or whereby an outlaw is reponed against sentence of outlawry.


fiar

I say, since ye hae sae muckle consideration for me, I'se be blithe to accept your kindness; and my mother and me (she's a life-renter, and I am fiar, o' the lands o' Wideopen) would grant you a wadset, or an heritable bond, for the siller, and to pay the annual-rent half-yearly; and Saunders Wyliecoat to draw the bond, and you to be at nae charge wi' the writings.

1816, Walter Scott, “The Black Dwarf”, in A Complete Edition of the Waverley Novels, volume 13, published 1831, page 108:

(Scots law) One in whom the property of an estate is vested, subject to the estate of a liferenter.


kain

kain (countable and uncountable, plural kains)

hens[…] in most leases make a part of the rent, under the name of kain, and are generally kept for conveniency or profit.

1798, Robert Douglas, General View of the Agriculture in the Counties of Roxburgh and Selkirk:

(Scots law) poultry, etc., required by the lease to be paid in kind by a tenant to the landlord.


pursuer

On his area the pursuer built a dwelling-house, of which the gable and garden-wall were mutual with his neighbour Smith […]

1809, Faculty of Advocates (Scotland), Decisions of the Court of Sessions, from 1752 to 1808, page 216:

(Scots law) The party who initiates a lawsuit; a plaintiff.


mortify

en-verb

mortify (third-person singular simple present mortifies, present participle mortifying, simple past and past participle mortified)

mortifies (present singular third-person)
mortifying (participle present)
mortified (participle past)
mortified (past)

From Anglo-Norman mortifier, Middle French mortifier, from Late Latin mortificō (“cause death”), from Latin mors (“death”) + -ficō (“-fy”).

the schoolmasters of Ayr were paid out of the mills mortified by Queen Mary

1876 James Grant, History of the Burgh and Parish Schools of Scotland, Part II, Chapter 14, p.453 (PDF 2.7 MB)

(transitive, Scots law, historical) To grant in mortmain.


scathe

en-noun

scathe (countable and uncountable, plural scathes)

scathes (plural)
scath (alternative)
skaith (alternative)
scaith (alternative)

From Middle English scath, scathe [and other forms], from Old Norse skaði (“damage, harm; loss; death; murder”), from Proto-Germanic *skaþô (“damage, scathe; one who causes damage, injurer”, noun) (whence Old English sċeaþa, sċeaþu (“scathe, harm, injury”)), from Proto-Indo-European *(s)keh₁t- (“damage, harm”).
Cognates
* Scots skaith
* Dutch schade
* German schaden
* Norwegian skade
* Swedish skada
* Icelandic skaði
* Polish szkoda
* Russian шко́да (škóda)
* Belarusian шко́дa (škóda)
* Ukrainian шко́да (škóda)

nb...

scade, scate, schath, schathe, schatht, sckathe, skade, skaith, skaithe, skagh, skate, skath, skathe, (Northern England, Northwest Midlands, Scotland) scaith, scaithe, schaithe, schath, schathe, skaith, skaithe, skaitht, (in names) scait, skeithe

der

(countable, Scots law, obsolete) An injury or loss for which compensation is sought in a lawsuit; damage; also, expenses incurred by a claimant; costs.


complainer

LL-Q1860 (eng)-Flame, not lame-complainer.wav

(Scots law) A complainant (an alleged victim in a criminal trial).


juristic

Loan translation of obsolete Dutch juristisch.

(Scots law, South Africa) legal, juridical, pertaining to the law and jurisprudence


precognition

en-noun

precognition (countable and uncountable, plural precognitions)

/ˌpɹiːkɒɡˈnɪʃn̩/

/ˌpɹikɑɡˈnɪʃən/

/ˌpɹikɔɡˈnɪʃən/

Borrowed from Middle French precognition or its source, Latin praecognitio, from praecognōscō (“to know beforehand”). Doublet of Germanic-based foreknowledge and Greek-based prognosis. Equivalent to pre- + cognition.

‘But it seems there are some strong presumptuous proofs against you, and I came to warn you this day that a precognition is in progress, and that unless you are perfectly convinced, not only of your innocence, but of your ability to prove it, it will be the safest course for you to abscond, and let the trial go on without you.’

1824, James Hogg, The Private Memoirs and Confessions of a Justified Sinner:

(Scots law) The practice of taking a factual statement from a witness before a trial.


commissary

From Late Latin commissarius, from commissus, past participle of committō (“to commit, entrust to”). Doublet of commissar.

(Scots law) The judge in a commissary court.


reductive

en-adj

reductive (comparative more reductive, superlative most reductive)

more reductive (comparative)
most reductive (superlative)

From Middle French réductif, from Late Latin reductivus, from the participle stem of Latin reducere (“to reduce”).

(Scots law, now rare) Pertaining to the reduction of a decree etc.; rescissory.


duplicando

(Scots law) Alternative form of duplicand


astricted

astricted (comparative more astricted, superlative most astricted)

more astricted (comparative)
most astricted (superlative)

(Scots law, historical, of land) From which corn must be sent to a particular mill, paying multure or thirlage on it.


heritor

heritors (plural)
heretor (alternative)
heritour (alternative)

Compare Latin herator, from Latin heres (“an heir”).

The printed statement reads (abridged in parts):—
"To the Interested HERITORS in the Counties of Mid-Lothian, Roxburgh, Selkirk, and Berwick. […]

1951 February, Michael Robbins, “Sir Walter Scott and Two Early Railway Schemes”, in Railway Magazine, page 87:

(Scots law) A proprietor or landholder in a parish.


terce

en-noun

terce (countable and uncountable, plural terces)

Late Middle English, from Old French terce, from Latin tertia (“third; the third hour”).

(Scots law) A widow's right, where she has no conventional provision, to a liferent of a third of the husband's heritable property.


simpliciter

From the Latin simpliciter (“simply”, “plainly”), from simplex (“simple”).

The charge was reduced from aggravated assault to assault simpliciter.

Paragraph 68, Public Prosecutor v CJH ([2022] SGHC 303)
Leaving aside this report, I make the general observation firstly that the CA has pointed out in PP v UI [2008] 4 SLR(R) 500 […] that rape simpliciter "is already ‘an inherently odious and reprehensible act’… that exacts ‘irretrievable physical, emotional and psychological scars on [the] victim’”[…]

(philosophy, law, originally chiefly Scots law, Canadian law) Simply, absolutely; without any qualification or condition.


appraising

(Scots law, historical) Alternative form of apprising


apprising

(Scots law, historical) The appraisal of the value of goods, land, etc., often in order to pay the debts of a deceased person.


annate

(Scots law) The half-year's stipend payable for the vacant half-year after the death of a parish minister, to which his family or nearest of kin have right under an act of 1672.


redargue

en-verb

redargue (third-person singular simple present redargues, present participle redarguing, simple past and past participle redargued)

redargues (present singular third-person)
redarguing (participle present)
redargued (participle past)
redargued (past)

/ɹɪˈdɑːɡjuː/

From Late Middle English redarguen, redargue (“to defeat (someone) in an argument; to rebuke, reprove”), from Middle French redarguer and Old French redargüer (“to disprove, refute; to accuse, blame; to rebuke, reprove”) (modern French rédarguer), and from their etymon Latin redarguere (“to disprove, refute”) (compare Late Latin redarguere (“to rebuke, reprove”)), the present active infinitive of redarguō (“to disprove, refute; to contradict”), from red- (a variant of re- (prefix meaning ‘again’)) + arguō (“to assert, declare; to clarify, make plain; to prove, show; to accuse, charge with; to censure, rebuke, reprove; to blame; to denounce as false”) (possibly ultimately from Proto-Indo-European *h₂erǵ- (“argent, white; glittering”), in the sense of casting light on something to make it clear). Doublet of argue.
Cognates
* Catalan redargüir
* Italian redarguire
* Old Occitan redarguir
* Portuguese redargüir
* Spanish redargüir

der

Dia[ph Silkworm]. Sir, Ile redargue you, / By diſputation. / Com[passe]. O let's heare this! / I long to heare a man diſpute in his ſhirt / Of valour, and his ſvvord dravvne in his hand.

1632 (first performance), Benjamin Jonson [i.e., Ben Jonson], “The Magnetick Lady: Or, Humors Reconcil’d. A Comedy […]”, in The Workes of Benjamin Jonson. The Second Volume. […] (Second Folio), London: […] Richard Meighen, published 1640, →OCLC, Act III, scene vi, page 39:

To disprove or refute (someone) in an argument.

Nathaniel Carpenter [i.e., Nathanael Carpenter] late Fellow of Exceter Colledge in Oxford, in the ſecond booke and ſeventh chapter of his learned Geographicall concluſions, thus fully redargues that forgerie.

1635, George Hakewill, “Touching Grammar, Rhetorique, Logicke, the Mathematiques, Philosophy, Architecture, the Arts of Painting and Navigation”, in An Apologie or Declaration of the Power and Providence of God in the Government of the World. […], 3rd edition, Oxford, Oxfordshire: […] William Turner […], →OCLC, book III, section 4 (Of the Art of Navigation, […]), page 310:

[T]he objections you mention, I humbly conceive, are ſuch as may be redargued, if not entirely removed— […]

1771, [Tobias Smollett], “To Mr. Henry Davis, Bookseller, in London”, in The Expedition of Humphry Clinker […], volume I, London: […] W. Johnston, […]; and B. Collins, […], →OCLC, pages v–vi:

To rebut or refute (an argument, a proposition, etc.).


astrict

en-verb

astrict (third-person singular simple present astricts, present participle astricting, simple past and past participle astricted)

astricts (present singular third-person)
astricting (participle present)
astricted (participle past)
astricted (past)

Latin astrictus, past participle of astringere. See astringe.

to astrict lands


advocation

en-noun

advocation (countable and uncountable, plural advocations)

From Latin advocātiō. Doublet of advowson

(Scots law) The process of removing a cause from an inferior court to the supreme court.


circumduction

circumduction (countable and uncountable, plural circumductions)


surrogatum

1800s. Latin, neuter singular of surrogatus

(Scots law) A thing put in the place of another; a substitute.


adminicle

From Latin adminiculum (“support pole”).


disproven

(archaic, Scots law) Not proven, in a legal case where the jury verdict has inconclusive evidence for conviction, but sufficient to suspect guilt


condescendence

condescendence (countable and uncountable, plural condescendences)

From French condescendance, from condescendre, from Late Latin condescendere (“to let oneself down, stoop, condescend”), from Latin com- (“together”) + descendere (“to come down”). See condescend.

der

(Scots law) An articulate statement annexed to a summons, setting forth the allegations in fact upon which an action is founded.


commixtion

en-noun

commixtion (countable and uncountable, plural commixtions)

commixtions (plural)
commixion (alternative)

From Middle English commixtion, from Middle French commixtion, and its source, Latin commixtiōnem, from commiscēre (“to mix”).

(Roman law, Scots law) A method of acquiring property by mixing or blending substances belonging to different proprietors.


unlaw

en-verb

unlaw (third-person singular simple present unlaws, present participle unlawing, simple past and past participle unlawed)

unlaws (present singular third-person)
unlawing (participle present)
unlawed (participle past)
unlawed (past)

(transitive, obsolete, Scots law) To fine.


pupillarity

Borrowed from Medieval Latin pūpillāritās.

(Scots law) The period before puberty, or from birth to fourteen in males, and twelve in females


adminiculate

adminiculate (third-person singular simple present adminiculates, present participle adminiculating, simple past and past participle adminiculated)

adminiculates (present singular third-person)
adminiculating (participle present)
adminiculated (participle past)
adminiculated (past)

(transitive, Scots law) To prove; to corroborate.


absolvitor

Borrowed from Latin absolvitor (literally “let him be acquitted”), the third-person singular future passive imperative form of absolvō (“I absolve, acquit, or declare innocent”). Compare absolutory.

bor

Pitmedden purſues Seaton of Menzies as Repreſenting his Father, who was one of the Purſuers Brothers Tutors, for his Fathers Intromiſſion with the Pupils Means, who alleadged Abſolvitor.

1668 December 19, James Dalrymple, “Mr. Alexander Seaton contra Menzies” in The Deciſions of the Lords of Council & Seſſion I (Edinburgh, 1683), page 575

(Scots law) A decision or decree made by a court in favour of the defendant in a given action; dismissal.


plagium

en-noun

plagium (usually uncountable, plural plagiums)

From Latin plagium (“kidnapping”), compare plagiarism, probably from plaga (“a net, snare, trap”).

(Scots law) abduction, especially of a child


lenocinium

Borrowed from Latin lenocinium (“pimping, prostitution”).

bor

(Scots law) A husband's connivance at his wife's adultery.


liferent

en-noun

liferent (countable and uncountable, plural liferents)

The said William Aitken, being of new solemnly sworn, &c., depones he is a Burgess of Hawick, and had the property of a house which he now liferents, the fee being disponed to his son-in-law, Bailie Robert Scot, for the use of his son William, his daughter, Bailie Scot's wife, having paid the price of the house; depones sixty years ago Gilbert Elliot was tenant in Nether Southfield, who broke Hawick Common by plowing a part of it, which the Deponent saw at the Common-Riding when the Magistrates and other persons at the Common-Riding potched the ground he had plowed, and was then sown that he might not reap the crop of this.

1898, R. S. Craig, Adam Laing, The Hawick Tradition of 1514: The Town's Common Flag and Seal, page 240:

(Scots law) The right to receive for life the benefits of a property or other asset, without the right to dispose of it.


reprobator

(Scots law, historical) An old form of action to prove a witness to be perjured or biased.


commodate

Latin commodatum (“something lent, a loan”).


feal

Middle Scots: feall, fiall

Scots: feal, feele (obsolete)

→ English: feal

Probably borrowed from Anglo-Norman feal (“faithful”), earlier fedeil, from Latin fidēlis; compare feaute.
In Middle English, reinterpreted as fe (“fee”) + -al, influencing both the sense and form.

bor+

A stipend or allowance given to someone.


warrandice

(Scots law) A form of warranty in which a person conveying property is held liable for any outstanding claims on the property.


inbring

en-verb

inbring (third-person singular simple present inbrings, present participle inbringing, simple past and past participle inbrought)

inbrings (present singular third-person)
inbringing (participle present)
inbrought (participle past)
inbrought (past)
imbring (alternative)

From Middle English inbringen, from Old English inbringan (“to bring in, bring to, present”), equivalent to in- + bring. Cognate with Scots inbring (“to inbring, import”), Dutch inbrengen (“to bring in”), German einbringen (“to introduce, bring in”), Swedish inbringa (“to bring in, fetch”).

cog

(transitive, Scots law) To bring in by legal authority; produce in court; confiscate (the goods of a condemned criminal).


skaith

en-noun

skaith (countable and uncountable, plural skaiths)

[…] the Commissioners of Burghs... meet yearly at Inverkeithing “to treat of the welfare of merchandize, the good rule and statutes for the common profit of burghs, and to provide for remeid upon the skaith and injuries sustained within the burghs.”

1878, William Charles Smith, "Borough" in the Encyclopædia Britannica, 9th ed., Vol. IV, p. 64

There never yet was Englishman
That came to skaith by me.

1904, William Edmonstoune Aytoun, The Bon Gaultier Ballads:

(Scots law, obsolete) Alternative form of scathe (“damage”)


decree arbitral

decree arbitral (plural decrees arbitral)

(Scots law) An award made by an arbiter.


decreet

(Scots law) The final judgment of the Court of Session, or of an inferior court, by which the question at issue is decided.


onerosity

From onerous + -ity, from Latin onerositas.

It may be presumed to be a necessary ingredient in onerosity, that the obligation to be fulfilled is a legal one.

1845, John Hill Burton, The Law of Bankruptcy, Insolvency, and Mercantile Sequestration, in Scotland, W. Tait, page 145:

(Scots law) The legal state of affairs resulting from being done or given in return for receipt of something of value.


decern

en-verb

decern (third-person singular simple present decerns, present participle decerning, simple past and past participle decerned)

decerns (present singular third-person)
decerning (participle present)
decerned (participle past)
decerned (past)

First attested in late Middle English circa 1425; from the French décerner, from the Latin dēcernō (“I decide, pronounce a decision”), from dē (“of, from, away from”) + cernō (“I separate, distinguish”), whence the English cern. In Old French, the forms of décerner were frequently conflated with those of descerner, discerner; the two verbs were not clearly distinguished until the 16th century; hence, in English also, decern is found with the sense discern.

der

(transitive, Scots law) Decree by judicial sentence.

Decide; determine; decree.
Decree by judicial sentence.
with simple object

Decree by judicial sentence that something be done.

He purſued Andrew Houſtoun upon his promiſe, to give him the like Sallary for the next year, and in abſence obtained him to be holden as confeſt and Decerned.

1668 July 3rd, James Dalrymple, “Thomas Rue contra Andrew Houſtoun” in The Deciſions of the Lords of Council & Seſſion I (Edinburgh, 1683), pages 547–548

Decree a person etc. to be or to do something by judicial sentence.  (in the phrase “to decern in”, obsolete) To mulct in by decree of court.

Decide; determine; decree.
Decree by judicial sentence.
intransitive

transferred sense
transferred sense#English

Decide; determine; decree.
Decree by judicial sentence.
transferred sense


disgradation

(Scots law, obsolete) degradation; a stripping of titles and honours


rerefief

From French arrière-fief. See rear (“hinder”), and fief.

by these means the feodal polity was greatly extended; these inferior feudatories (who held what are called in the Scots law "rerefiefs") being under similar obligations of fealty

1765–1769, William Blackstone, Commentaries on the Laws of England, (please specify |book=I to IV), Oxford, Oxfordshire: […] Clarendon Press, →OCLC:

(Scots law, historical) A fief held of a superior feudatory; a fief held by an undertenant.


oversman

(Scots law) An umpire; a third arbiter, appointed when two arbiters disagree.


tailzie

tailzies (plural)
tailzee (alternative)
tailye (alternative)

From French tailler (“to cut”). See tail (“a limitation”). For the z, compare etymology of English Mackenzie.

(historical, Scots law) An entailment or deed whereby the legal course of succession is cut off, and an arbitrary one substituted.


blanch holding

And be it enacted, That all Tenures of any Lands or Heretages in Scotland, that are now held or liable or be held of his Majesty by Ward Holding, whether simple or taxed Ward, are hereby enacted to be turned into Blanch Holding […]

1876, Hugh Cowan, The Land Rights of Scotland: Being a Collection of the Entail, Conveyancing, and Other Statutes Relating to Land:

(Scots law, historical) A mode of tenure by the payment of a small duty in white rent (silver) or otherwise.


obtemper

en-verb

obtemper (third-person singular simple present obtempers, present participle obtempering, simple past and past participle obtempered)

obtempers (present singular third-person)
obtempering (participle present)
obtempered (participle past)
obtempered (past)

and after reading thereof, enquir'd at him, if he would obtemper the famin; to which he answer'd, That he could not comply with, or would he obtemper the said Sentence

1712, Charles Nice Davies, The Present State of the Parties in Great Britain:

(Scots law, transitive) To obey (a judgement or decree).


backbond

(Scots law) An instrument which, in conjunction with another making an absolute disposition, constitutes a trust.


decerniture

(historical or obsolete, Scots law) A decree or sentence of a court.


assythment

en-noun

assythment (countable and uncountable, plural assythments)

assythments (plural)
assythement (alternative)
assithment (alternative)

/əˈsʌɪðmənt/

From assyth + -ment, from Old French aset, asez, originally meaning "enough". See assets.

It may be observed that assythment is not due to the next of kin of a person slain where the offender hath by the exertion of public justice suffered the punishment due to his crime; but whether it can be demanded from the king's donatary where the criminal hath fled from justice and forfeited his movable estate upon a sentence of fugitation, may be doubted.

1871, John Erskine, An Institute of the Law of Scotland, volume 2, page 1235:

I, Fergus and my Heirs and Assignies, against all deadly the foresaid Three Daughs, and the forenamed Land of Ardendraught, with their pertinents, liberties and assythments and other privileges as aforesaid.

1894 February 7, Scottish Notes and Queries, volume 7, page 140:

Although there is no precise statistical analysis of assythments, bonds of manrent were only very rarely used in such circumstances.

2003, Christine Peters, Women in Early Modern Britain, 1450-1640, page 25:

(Scots law, historical) Compensation or reparation for a criminal offence.


apprizer

The apprizer, therefore (as the holder of a mortgage was then called), entered upon possession, and, in the language of Hotspur, “came me cranking in”

1815 February 24, [Walter Scott], Guy Mannering; or, The Astrologer. […], volume (please specify |volume=I to III), Edinburgh: […] James Ballantyne and Co. for Longman, Hurst, Rees, Orme, and Brown, […]; and Archibald Constable and Co., […], →OCLC:

(Scots law) A creditor for whom an appraisal is made.


obreption

From Latin obreptio, from obrepo, obreptum (“to creep up to”), from ob (see prefix ob-) + repo (“to creep”).

In Mr John Maitland's action against Cardross, (vide 17th instant,) the Lords repelled Cardross's allegeances founded upon the impetrating of the gift of eschat from his Majesty by obreption expresso mendacio, or subreption celata veritate; because it appeared that there was a competition made by Cardross before the gift was past in Exchequer, and this same objection was made against it, that it was impetrated viis et modis;

1826, Mungo Ponton Brown, Supplement to the Dictionary of the Decisions of the Court of Session, page 390:

(Scots law, obsolete) Act of obtaining gifts of escheat by fraud or surprise.


subreption

subreption (countable and uncountable, plural subreptions)

/sʌbˈɹɛpʃən/

From Latin subreptio, from subripere, subreptum (“to snatch or take away secretly”). Compare French subreption. See surreptitious, surreptition.

(Scots law) The act of obtaining a gift or favor by concealing the truth.


nonentry

nonentry (countable and uncountable, plural nonentries)

(Scots law, historical) The casualty or advantage which formerly fell to the superior when the heir of a deceased vassal failed to renew the investiture, the superior being then entitled to the rent of the feu.


usurary

en-adj

usurary (comparative more usurary, superlative most usurary)

more usurary (comparative)
most usurary (superlative)
usurarious (alternative)

Latin usurarius (“that serves for use, that pays interest”). See English usurer, French usuraire.

uder

(obsolete, especially Scots law) Usurious.


excamb

en-verb

excamb (third-person singular simple present excambs, present participle excambing, simple past and past participle excambed)

excambs (present singular third-person)
excambing (participle present)
excambed (participle past)
excambed (past)
excambie (alternative)

excamb a part used recently for burial in return for an addition to the kirkyard

(historical, transitive, Scots law) To exchange (during transfers of land).


violent profits

(Scots law) Rents or profits of an estate obtained by a tenant wrongfully holding over after warning. They are recoverable in a process of removing.


appriser

(Scots law) One who carries out an apprising.


novodamus

(Scots law, historical) In Scottish feudal land law, a fresh grant of lands to the grantee, usually to make some change in the incidents of tenure of land already granted, or to resolve doubts about the grant or its terms.


special measures

(Scots law) Judicial systems to protect vulnerable witnesses in courts of law.


feal and divot

No doubt, the want of access by a good road, together with the circumstance of the lands and barony of Torrie, of which this property forms a part, being held in runrigg between the Master of Mortifications of Aberdeen and Mr Menzies of Pit-foddels, and a servitude of feal and divot, which existed over nearly one-third of the muir ground, in favour of the adjoining property of South Loirston, contributed in a great degree to retard the improvement of the land in this locality, notwithstanding its near vicinage to Aberdeen.

1841, Prize-essays and Transactions of the Highland and Agricultural Society of Scotland:

(Scots law) A predial servitude (a legal interest by a non-owner connected with a piece of land) that grants the dominant tenant the right to cut out portions of turf for the construction or repair of sod structures such as houses, fences, or roofs.


afterhand

an afterhand rent

(Scots law, archaic) Paid afterwards, rather than in advance.


remeid

en-noun

remeid (countable and uncountable, plural remeids)

remeids (plural)
remead (alternative)
remede (alternative)

From Middle English remede, from Anglo-Norman and Old French remede. Doublet of remedy.

[…] the Commissioners of Burghs […] meet yearly at Inverkeithing “to treat of the welfare of merchandize, the good rule and statutes for the common profit of burghs, and to provide for remeid upon the skaith and injuries sustained within the burghs.”

(dialect) Remedy.
(Scots law) Legal redress of a wrong.


subfeu

From sub- + feu. Cognate with subfief and Latin subfeudum, subfeodare.

(Scots law, historical) A feu sublet by a vassal to a subvassal: a right to hold subinfeudated land in perpetuity in exchange for rent.


duplicand

(Scots law) A doubling of the duty to be paid on a feu.


compearance

compearance (countable and uncountable, plural compearances)

(Scots law) Appearance before a judge in court.


Scotch verdict

From its use in the Scottish legal system.

(Scots law, criminal law, dated) A verdict of "not proven".

Scots law; criminal law; Scots law; criminal law


not proven

There was a time that the only verdicts a jury could return were proven or not proven. While the verdict of proven has long since been replaced, that of not proven has survived the test of time.

2014, Francis Pakes, Comparative Criminal Justice, page 12:

(Scots law) Having insufficient evidence to prove guilt or innocence under Scots law.


compearant

(Scots law) A person who appears in court.


habit and repute

marriage by habit and repute

(Scots law) The condition of being notorious enough to afford strong and generally conclusive evidence of something.


testing clause

(Scots law) The last clause in a Scottish deed, which narrates when and where the parties signed the deed, before what witnesses, by whose hand written, etc.


dittay

From Old French ditté, from Latin dictatum.


summary diligence

(Scots law) The process by which execution may proceed without the need of further application to the court, in the case of bonds and other instruments registered for execution.


benefit of inventory

(Scots law) A legal privilege whereby an heir secured himself against unlimited liability for his ancestor, by giving up within the annus deliberandi an inventory of his heritage or real estate, which then represented the maximum extent to which he was liable.


cessio bonorum

(Scots law, historical) Before 1880, a debtor's surrender of his estate to his creditors in return for a judicial protection from imprisonment for his debts.


put to the horn

en-verb

put to the horn (third-person singular simple present puts to the horn, present participle putting to the horn, simple past and past participle put to the horn)

puts to the horn (present singular third-person)
putting to the horn (participle present)
put to the horn (participle past)
put to the horn (past)

(transitive, Scots law, historical) To outlaw (a person) by three blasts of the horn at the Cross of Edinburgh.


desert the diet

desert the diet (third-person singular simple present deserts the diet, present participle deserting the diet, simple past and past participle deserted the diet)

deserts the diet (present singular third-person)
deserting the diet (participle present)
deserted the diet (participle past)
deserted the diet (past)

(Scots law, historical) To abandon criminal proceedings under a particular libel.


ultimus haeres

From Latin ultimus haeres (“ultimate heir”).

(Scots law) The process whereby the estate of a deceased person with no will or traceable blood relatives goes to the Crown.


regalia minora

(Scots law) Things that inherently belong to the sovereign but may be conveyed to a subject.


regalia majora

(Scots law) Things that inherently belong to the sovereign and are inseparable from his or her person.


catholic creditor

en-noun

catholic creditor (plural catholic creditors)

(Scots law) A creditor whose debt is secured over several or the whole subjects belonging to the debtor, e.g. over two or more heritable estates.


fugitation

fugitation (countable and uncountable, plural fugitations)

(Scots law) The act of absconding from justice; outlawry.


approbate and reprobate

en-verb

approbate and reprobate (third-person singular simple present approbates and reprobates, present participle approbating and reprobating, simple past and past participle approbated and reprobated)

approbates and reprobates (present singular third-person)
approbating and reprobating (participle present)
approbated and reprobated (participle past)
approbated and reprobated (past)

(Scots law) To accept and reject the same deed or instrument (which is not permitted).


oath of calumny

en-noun

oath of calumny (plural oaths of calumny)

(Scots law, historical) A method for the prevention of calumnious and unnecessary suits, by which both parties at the beginning of a cause swear, either by themselves or their counsel, that the facts set forth by them are true.


art and part

Art refers to the contrivance of a plan, and part to being involved in carrying it out.

(Scots law) The aiding or abetting in the perpetration of a crime.


casualty of superiority

casualty of superiority (plural casualties of superiority)

(Scots law, historical) In the feudal law of Scotland, any emolument arising to the superior depending on uncertain events: those of nonentry, relief or composition, and escheat alone remaining, but considerably modified by the Conveyancing Act of 1874.


riding interest

riding interest (plural riding interests)

(Scots law) An interest that depends on another interest.


poor's roll

(Scots law, historical) The list of poor people who are litigants, but unable to pay the expenses of litigation, and therefore allowed to sue in forma pauperis.


base right

(Scots law, historical) The right which a disposer acquires when disposing of feudal property.


lawburrows

(Scots law) A writ requiring a person to give security against doing violence to another.


personal exception

(Scots law) A ground of objection that applies to an individual and prevents them from doing something which, except for their conduct or situation, they would be allowed to do.


service of an heir

(Scots law) A proceeding before a jury to determine the heir of a deceased person.


law agent

(Scots law) A solicitor, certified by the Law Society of Scotland.


Scots law

(formal) The legal system of Scotland, a hybrid of civil law and common law.


agé

en-verb

agé (third-person singular simple present agés, present participle agéing, simple past and past participle agéed)

agés (present singular third-person)
agéing (participle present)
agéed (participle past)
agéed (past)

Probably from Latin age, imperative of Latin agere.

(Scots law) To act for another (as a law agent or solicitor).


colpindach

(Scots law, obsolete) A two-year-old heifer.


S.S.I.

Arbitration (Scotland) Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010, S.S.I. 2010/195 (C. 10)

statutory instrument
statutory instrument#English

(Scots law, chiefly in citation) Initialism of Scottish statutory instrument.


prout de jure

(Scots law, archaic) Of a court case, allowing all evidence.


testamenti factio

From Latin testāmentī factiō (“right of participating in a will”).

bor

(Scots law) The legal capacity to make a will (under Scots law, anyone may be a beneficiary under a testator’s settlement).


vicious intromission

en-noun

vicious intromission (countable and uncountable, plural vicious intromissions)

(Scots law) The unauthorized assumption of ownership, or other interference with the rights of an estate.


retourable

(Scots law, historical, of a brieve) Which must be returned to chancery, along with a schedule of action taken.


special defence

special defence (plural special defences)

(Scots law) Any of various defences (such as mental disorder or coercion) that may be raised in criminal proceedings upon notice by the accused ahead of the trial, and which if established will result in an acquittal.


act of sederunt

act of sederunt (plural acts of sederunt)

acts of sederunt (plural)
Act of Sederunt (alternative)

secondary legislation
secondary legislation

(Scots law) A set of rules of court governing civil procedure made as secondary legislation by the Court of Session.


Act of Sederunt

Act of Sederunt (plural Acts of Sederunt)

(Scots law, formal) Alternative letter-case form of act of sederunt


act of adjournal

act of adjournal (plural acts of adjournal)

acts of adjournal (plural)
Act of Adjournal (alternative)

(Scots law) A set of rules of court governing criminal procedure made as secondary legislation by the High Court of Justiciary.


Act of Adjournal

Act of Adjournal (plural Acts of Adjournal)

act of adjournal
act of adjournal#English

(Scots law, formal) Alternative letter-case form of act of adjournal