[A Short History of Scotland by Andrew Lang]@TWC D-Link book
A Short History of Scotland

CHAPTER V
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But if the sheriff or his sergeant did not attend when summoned, local justice took its course.
The process initiated by David's son, William the Lion, was very slowly substituting the royal authority, the royal sheriffs of shires, juries, and witnesses, for the wild justice of revenge; and trial by ordeal, and trial by combat.

But hereditary jurisdictions of nobles and gentry were not wholly abolished till after the battle of Culloden! Where Abbots held courts, their procedure, in civil cases, was based on laws sanctioned by popes and general councils.

But, alas! the Abbot might give just judgment; to execute it, we know from a curious instance, was not within his power, if the offender laughed at a sentence of excommunication.
David and his successors, till the end of the thirteenth century, made Scotland a more civilised and kept it a much less disturbed country than it was to remain during the long war of Independence, while the beautiful abbeys with their churches and schools attested a high stage of art and education..


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