The High Court of Constabulary was a

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...

presided over by the

Lord High Constable of Scotland The Lord High Constable is a hereditary, now ceremonial, office of Scotland. In the order of precedence of Scotland, the office traditionally ranks above all titles except those of the Royal Family.p60-61, Bruce, Alistair, Keepers of the King ...

and other

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

s known as Constables-depute. The court had

exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...

over crimes of

riot A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people. Riots typically involve destruction of property, public or private. The property targete ...

ing, disorder, bloodshed, and

murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...

that took place within of the

Monarch of Scotland The monarch of Scotland was the head of state of the Kingdom of Scotland. According to tradition, the first King of Scots was Kenneth I MacAlpin (), who founded the state in 843. Historically, the Kingdom of Scotland is thought to have gr ...

Privy Council of Scotland The Privy Council of Scotland ( — 1 May 1708) was a body that advised the Scottish monarch. In the range of its functions the council was often more important than the Estates in the running the country. Its registers include a wide range of m ...

, or the

Parliament of Scotland The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council o ...

. It was established in the 13th century, and its ''

de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...

'' jurisdiction continued until at least the 19th century. From the 16th century the Constables-depute appear to have been the Lord Provosts, bailies, and

Sheriffs A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

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

. Following the

Treaty of Union The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain, stating that the Kingdom of England (which already included Wales) and the Kingdom of Scotland were to be "United i ...

of 1707, the Court had jurisdiction when the Monarch of Great Britain, and later the Monarch of the United Kingdom, was resident at the Palace of Holyrood House.

History

Much of the history belonging to the High Court of Constabulary comes from records kept by the

Earls of Erroll Earl of Erroll () is a title in the Peerage of Scotland. It was created in 1453 for Sir William Hay. The subsidiary titles held by the Earl of Erroll are ''Lord Hay'' (created 1449) and ''Lord Slains'' (1452), both in the Peerage of Scotland. ...

, who hold the position of Lord High Constable as a hereditary right. However, the burgh magistrates (the Lord Provost and bailies) of

appear to have objected to the jurisdiction of the Constabulary Court, and from the 16th century it appears that the Earls of Erroll appointed the burgh magistrates as Constables-depute. The Lord High Constable continued to claim his jurisdiction into the 19th century, and from then the

Sheriff of Edinburgh The Sheriff of Edinburgh was historically the royal official responsible for enforcing law and order and bringing criminals to justice in the shire of Edinburgh (also known as Edinburghshire or Midlothian) in Scotland. In 1482 the burgh of Edinbu ...

and the burgh magistrates of Edinburgh were appointed as Constables-depute whenever the Monarch of the United Kingdom was resident at the

Palace of Holyroodhouse The Palace of Holyroodhouse ( or ), commonly referred to as Holyrood Palace or Holyroodhouse, is the official residence of the British monarch in Scotland. Located at the bottom of the Royal Mile in Edinburgh, at the opposite end to Edinburgh ...

Remit and jurisdiction

Established in the late 13th century the Court was empowered to judge all cases of

ing, disorder, bloodshed, and

if such crimes occurred within four miles of the

King of Scots The monarch of Scotland was the head of state of the Kingdom of Scotland. According to tradition, the first King of Scots was Kenneth I MacAlpin (), who founded the state in 843. Historically, the Kingdom of Scotland is thought to have grown ...

, the King's Council, or the

. Following

James VI James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (disambiguat ...

's move to

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

, the

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

of the Lord High Constable was defined in terms of the "resident place" appointed for the Council.

References

External links

Historic Earls and Earldoms of Scotland: Chapter IV - Earldom and Earls of Erroll
13th-century establishments in Scotland Courts of Scotland 13th century in law {{scotland-law-stub