The term Commissary Court is in use in

Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...

and in the

Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Brit ...

Scots law

At the

Scottish Reformation The Scottish Reformation was the process by which Kingdom of Scotland, Scotland broke with the Pope, Papacy and developed a predominantly Calvinist national Church of Scotland, Kirk (church), which was strongly Presbyterianism, Presbyterian in ...

in 1560, the system of consistorial courts where bishops exercised their civil jurisdiction over executry and matrimonial cases broke down. This led to such confusion that Commissary Courts were re-established between 1564 and 1566. The Commissary Court of

Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...

was the principal court. This court had exclusive jurisdiction in

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...

and

bastardy Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as ''b ...

, and a general jurisdiction in the same areas as the old courts. It also held local jurisdiction over the Lothians, Peebles and part of Stirlingshire. There was a limited right of appeal to the Court of Session. There were inferior Commissary Courts, with a jurisdiction based on that of the pre-Reformation episcopal diocese mainly in relation to testaments. They also had jurisdiction in actions of

slander Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

, the authentication of tutorial and curatorial inventories, actions for

aliment Aliment, in Scots law and in other civil systems, is the sum of money paid, or allowance given in respect of the reciprocal obligation of parents and children, husband and wife, grandparents and grandchildren, to contribute to each other's ...

and actions for debt up to a limit of £40 Scots. The courts largely adopted the old

canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...

, except where this was contrary to the reformed religion. In 1823 the inferior commissary courts powers were transferred to the sheriffs, although the Edinburgh court survived until 1836. The Commissary Court of Edinburgh was abolished in 1830 and its powers were transferred to the Court of Session (except for cases of aliment, which were transferred to the sheriff courts). All commissary courts were abolished in 1876 by the Sheriff Courts (Scotland) Act 1876 and their functions taken over by the sheriff courts. The office of commissary clerk of Edinburgh was retained, however, and the sheriff court of Edinburgh remained the proper forum for the confirmation of testaments of persons dying outside Scotland possessed of moveable estate there. The papers of the Commissary Courts are held in the

National Archives of Scotland The National Archives of Scotland (NAS) is the previous name of the National Records of Scotland (NRS), and are the national archives of Scotland, based in Edinburgh. The NAS claims to have one of the most varied collection of archives in Europe ...

Church of England

The Commissary Court is the

consistory court A consistory court is a type of ecclesiastical court, especially within the Church of England where they were originally established pursuant to a charter of King William the Conqueror, and still exist today, although since about the middle of the ...

for the

Diocese of Canterbury The Diocese of Canterbury is a Church of England diocese covering East Kent, eastern Kent which was founded by St. Augustine of Canterbury in 597. The diocese is centred on Canterbury Cathedral and is the oldest episcopal see, see of the Church o ...

References

Sources

*The Oxford Companion to Law, D.M. Walker, 1980
National Archives of Scotland guide
Courts of Scotland Scots family law Scottish Reformation 1560s establishments in Scotland Defunct organisations based in Scotland Marriage law in the United Kingdom Divorce in the United Kingdom Divorce law Defamation Child support Court of Session 1876 disestablishments in the United Kingdom Diocese of Canterbury Ecclesiastical courts {{England-stub