Leges inter Brettos et Scottos

David I, who codified the Laws of the Bretts and Scotts.
Ethnolinguistic division of northern Britain, 1100

The Leges inter Brettos et Scottos or Laws of the Brets and Scots was a legal codification under David I of Scotland (reigned 1124 – 1153). Only a small fragment of the original document survives, describing the penalties for several offences against people.

Historically, the term "Brets" refers to Brythonic peoples, while "Scots" refers to Gaelic-speaking peoples. Skene however, asserted that here "Scots" refers to all of the peoples living north of the firths of Clyde and Forth.[1]

Aside from the document's intrinsic importance to Scottish history, it is significant in its similarity to corresponding areas both of Irish Brehon law and of Welsh law, which are better-preserved than the laws of medieval southern Scotland, allowing reasonable conjectures to be made regarding the laws and customs of the region, as few historical records exist.

The Laws or their precursor were relevant in the early twelfth century, as the Laws of the Four Burghs (Latin: Leges Quatuor Burgorum) explicitly banned parts of it relating to the cro (or weregild).[2][3] [expl 1]

The Laws were specifically abolished in 1305 by Edward I of England,[4] following his invasion of Scotland. This does not appear to have diminished their influence in Scottish law, however. Among the surviving clauses the practice of 'Galanas' (British or Welsh) continued to at least the end of the 16th century:

"In March 1587, a month after the execution of Mary Queen of Scots, there was a meeting between ambassadors from England and Scotland. According to the account of the well-informed contemporary Scots lawyer David Moysie,[5] the English assured the Scots... that Elizabeth was "verie sore for taking Queine Mares lyfe", and asked what satisfaction could be offered to James VI. The Scots' reply must have sounded very odd to English ears. They stated that it was not up to James to tell them. Rather, it was the "custome of Scotland" that the committers of a murder should make offers of compensation to the kin and friends of the victim, who would then discuss and resolve upon them... So deeply embedded was the principle of compensation in the fabric of Scottish justice that it could as well be invoked, if for diplomatic reasons, for a king as for the lowest of the gentry; for anyone, in fact, who had the means to compensate, and who had kin and friends to support him. The sixteenth-century English ambassadors may well have been as baffled as the thirteenth-century English clerk who wrote in bewilderment: "Find out what the law of galanas is?". "[6]

  1. ^ Skene 1890:217 In The Tribe in Scotland
  2. ^ Seebohm 1902:298 Clause XVII of the Leges Quatuor Burgorum
  3. ^ Anonymous 1868:10 the text of XVII. De blodewit et consimilibus in the Leges Quatuor Burgorum
  4. ^ Seebohm 1902:298 1305 abolishment of the laws by Edward I
  5. ^ "Bannatyne Club". Lexikon des gesamten Buchwesens Online. doi:10.1163/9789004337862_lgbo_com_020117. Retrieved 21 May 2022.
  6. ^ Wormald, Jenny (1980). "Bloodfeud, Kindred and Government in Early Modern Scotland". Past and Present (87): 54–97. doi:10.1093/past/87.1.54. ISSN 0031-2746.


Cite error: There are <ref group=expl> tags on this page, but the references will not show without a {{reflist|group=expl}} template (see the help page).