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Law: A Very Short Introduction
 VERY SHORT INTRODUCTIONS are for anyone wanting a stimulating
and accessible way into a new subject. They are written by experts, and
have been translated into more than 45 different languages.
The series began in 1995, and now covers a wide variety of topics in
every d
­ iscipline. The VSI library currently contains over 700 volumes—a
Very Short Introduction to everything from Psychology and Philosophy of
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every subject area.

Very Short Introductions available now:

ABOLITIONISM Richard S. Newman AMERICAN INTELLECTUAL

THE ABRAHAMIC RELIGIONS
Charles L. Cohen
ACCOUNTING Christopher Nobes
ADDICTION Keith Humphreys
ADOLESCENCE Peter K. Smith
THEODOR W. ADORNO
Andrew Bowie
ADVERTISING Winston Fletcher
AERIAL WARFARE Frank Ledwidge
AESTHETICS Bence Nanay
AFRICAN AMERICAN RELIGION
Eddie S. Glaude Jr
AFRICAN HISTORY John Parker and
Richard Rathbone
AFRICAN POLITICS Ian Taylor
AFRICAN RELIGIONS
Jacob K. Olupona
AGEING Nancy A. Pachana
AGNOSTICISM Robin Le Poidevin
AGRICULTURE Paul Brassley and
Richard Soffe
ALEXANDER THE GREAT
Hugh Bowden
ALGEBRA Peter M. Higgins
AMERICAN BUSINESS HISTORY
Walter A. Friedman
AMERICAN CULTURAL HISTORY
Eric Avila
AMERICAN FOREIGN RELATIONS
Andrew Preston
AMERICAN HISTORY Paul S. Boyer
AMERICAN IMMIGRATION
David A. Gerber
HISTORY
Jennifer Ratner-­Rosenhagen
THE AMERICAN JUDICIAL
SYSTEM Charles L. Zelden
AMERICAN LEGAL HISTORY
G. Edward White
AMERICAN MILITARY HISTORY
Joseph T. Glatthaar
AMERICAN NAVAL HISTORY
Craig L. Symonds
AMERICAN POETRY David Caplan
AMERICAN POLITICAL HISTORY
Donald Critchlow
AMERICAN POLITICAL PARTIES
AND ELECTIONS L. Sandy Maisel
AMERICAN POLITICS
Richard M. Valelly
THE AMERICAN PRESIDENCY
Charles O. Jones
THE AMERICAN REVOLUTION
Robert J. Allison
AMERICAN SLAVERY
Heather Andrea Williams
THE AMERICAN SOUTH
Charles Reagan Wilson
THE AMERICAN WEST Stephen Aron
AMERICAN WOMEN’S HISTORY
Susan Ware
AMPHIBIANS T. S. Kemp
ANAESTHESIA Aidan O’Donnell
ANALYTIC PHILOSOPHY
Michael Beaney
ANARCHISM Alex Prichard
ANCIENT ASSYRIA Karen Radner
ANCIENT EGYPT Ian Shaw
ANCIENT EGYPTIAN ART AND
ARCHITECTURE Christina Riggs
ANCIENT GREECE Paul Cartledge
THE ANCIENT NEAR EAST
Amanda H. Podany
ANCIENT PHILOSOPHY Julia Annas
ANCIENT WARFARE
Harry Sidebottom
ANGELS David Albert Jones
ANGLICANISM Mark Chapman
THE ANGLO-SAXON AGE John Blair
ANIMAL BEHAVIOUR
Tristram D. Wyatt
THE ANIMAL KINGDOM
Peter Holland
ANIMAL RIGHTS David DeGrazia
ANSELM Thomas Williams
THE ANTARCTIC Klaus Dodds
ANTHROPOCENE Erle C. Ellis
ANTISEMITISM Steven Beller
ANXIETY Daniel Freeman and
Jason Freeman
THE APOCRYPHAL GOSPELS
Paul Foster
APPLIED MATHEMATICS
Alain Goriely
THOMAS AQUINAS Fergus Kerr
ARBITRATION Thomas Schultz and
Thomas Grant
ARCHAEOLOGY Paul Bahn
ARCHITECTURE Andrew Ballantyne
THE ARCTIC Klaus Dodds and
Jamie Woodward
HANNAH ARENDT Dana Villa
ARISTOCRACY William Doyle
ARISTOTLE Jonathan Barnes
ART HISTORY Dana Arnold
ART THEORY Cynthia Freeland
ARTIFICIAL INTELLIGENCE
Margaret A. Boden
ASIAN AMERICAN HISTORY
Madeline Y. Hsu
ASTROBIOLOGY David C. Catling
ASTROPHYSICS James Binney
ATHEISM Julian Baggini
THE ATMOSPHERE Paul I. Palmer
AUGUSTINE Henry Chadwick
JANE AUSTEN Tom Keymer
AUSTRALIA Kenneth Morgan
AUTISM Uta Frith
AUTOBIOGRAPHY Laura Marcus
THE AVANT GARDE David Cottington
THE AZTECS Davíd Carrasco
BABYLONIA Trevor Bryce
BACTERIA Sebastian G. B. Amyes
BANKING John Goddard and
John O. S. Wilson
BARTHES Jonathan Culler
THE BEATS David Sterritt
BEAUTY Roger Scruton
LUDWIG VAN BEETHOVEN
Mark Evan Bonds
BEHAVIOURAL ECONOMICS
Michelle Baddeley
BESTSELLERS John Sutherland
THE BIBLE John Riches
BIBLICAL ARCHAEOLOGY
Eric H. Cline
BIG DATA Dawn E. Holmes
BIOCHEMISTRY Mark Lorch
BIOGEOGRAPHY Mark V. Lomolino
BIOGRAPHY Hermione Lee
BIOMETRICS Michael Fairhurst
ELIZABETH BISHOP
Jonathan F. S. Post
BLACK HOLES Katherine Blundell
BLASPHEMY Yvonne Sherwood
BLOOD Chris Cooper
THE BLUES Elijah Wald
THE BODY Chris Shilling
NIELS BOHR J. L. Heilbron
THE BOOK OF COMMON
PRAYER Brian Cummings
THE BOOK OF MORMON
Terryl Givens
BORDERS Alexander C. Diener and
Joshua Hagen
THE BRAIN Michael O’Shea
BRANDING Robert Jones
THE BRICS Andrew F. Cooper
BRITISH CINEMA Charles Barr
THE BRITISH CONSTITUTION
Martin Loughlin
THE BRITISH EMPIRE Ashley Jackson
BRITISH POLITICS Tony Wright
BUDDHA Michael Carrithers
BUDDHISM Damien Keown
BUDDHIST ETHICS Damien Keown
BYZANTIUM Peter Sarris
CALVINISM Jon Balserak
ALBERT CAMUS Oliver Gloag
CANADA Donald Wright
CANCER Nicholas James
CAPITALISM James Fulcher
CATHOLICISM Gerald O’Collins
CAUSATION Stephen Mumford and
Rani Lill Anjum
THE CELL Terence Allen and
Graham Cowling
THE CELTS Barry Cunliffe
CHAOS Leonard Smith
GEOFFREY CHAUCER David Wallace
CHEMISTRY Peter Atkins
CHILD PSYCHOLOGY Usha Goswami
CHILDREN’S LITERATURE
Kimberley Reynolds
CHINESE LITERATURE Sabina Knight
CHOICE THEORY Michael Allingham
CHRISTIAN ART Beth Williamson
CHRISTIAN ETHICS D. Stephen Long
CHRISTIANITY Linda Woodhead
CIRCADIAN RHYTHMS
Russell Foster and Leon Kreitzman
CITIZENSHIP Richard Bellamy
CITY PLANNING Carl Abbott
CIVIL ENGINEERING
David Muir Wood
CLASSICAL LITERATURE William Allan
CLASSICAL MYTHOLOGY
Helen Morales
CLASSICS Mary Beard and
John Henderson
CLAUSEWITZ Michael Howard
CLIMATE Mark Maslin
CLIMATE CHANGE Mark Maslin
CLINICAL PSYCHOLOGY
Susan Llewelyn and
Katie Aafjes-van Doorn
COGNITIVE BEHAVIOURAL
THERAPY Freda McManus
COGNITIVE NEUROSCIENCE
Richard Passingham
THE COLD WAR Robert J. McMahon
COLONIAL AMERICA Alan Taylor
COLONIAL LATIN AMERICAN
LITERATURE Rolena Adorno
COMBINATORICS Robin Wilson
COMEDY Matthew Bevis
COMMUNISM Leslie Holmes
COMPARATIVE LITERATURE
Ben Hutchinson
COMPETITION AND ANTITRUST
LAW Ariel Ezrachi
COMPLEXITY John H. Holland
THE COMPUTER Darrel Ince
COMPUTER SCIENCE
Subrata Dasgupta
CONCENTRATION CAMPS
Dan Stone
CONDENSED MATTER PHYSICS
Ross H. McKenzie
CONFUCIANISM Daniel K. Gardner
THE CONQUISTADORS
Matthew Restall and
Felipe Fernández-Armesto
CONSCIENCE Paul Strohm
CONSCIOUSNESS Susan Blackmore
CONTEMPORARY ART
Julian Stallabrass
CONTEMPORARY FICTION
Robert Eaglestone
CONTINENTAL PHILOSOPHY
Simon Critchley
COPERNICUS Owen Gingerich
CORAL REEFS Charles Sheppard
CORPORATE SOCIAL
RESPONSIBILITY Jeremy Moon
CORRUPTION Leslie Holmes
COSMOLOGY Peter Coles
COUNTRY MUSIC Richard Carlin
CREATIVITY Vlad Glăveanu
CRIME FICTION Richard Bradford
CRIMINAL JUSTICE Julian V. Roberts
CRIMINOLOGY Tim Newburn
CRITICAL THEORY
Stephen Eric Bronner
THE CRUSADES Christopher Tyerman
CRYPTOGRAPHY Fred Piper and
Sean Murphy
CRYSTALLOGRAPHY
A. M. Glazer
THE CULTURAL REVOLUTION
Richard Curt Kraus
DADA AND SURREALISM
David Hopkins
DANTE Peter Hainsworth and
David Robey
DARWIN Jonathan Howard
THE DEAD SEA SCROLLS
Timothy H. Lim
DECADENCE David Weir
DECOLONIZATION Dane Kennedy
DEMENTIA Kathleen Taylor
DEMOCRACY Bernard Crick
DEMOGRAPHY Sarah Harper
DEPRESSION Jan Scott and
Mary Jane Tacchi
DERRIDA Simon Glendinning
DESCARTES Tom Sorell
DESERTS Nick Middleton
DESIGN John Heskett
DEVELOPMENT Ian Goldin
DEVELOPMENTAL BIOLOGY
Lewis Wolpert
THE DEVIL Darren Oldridge
DIASPORA Kevin Kenny
CHARLES DICKENS Jenny Hartley
DICTIONARIES Lynda Mugglestone
DINOSAURS David Norman
DIPLOMATIC HISTORY
Joseph M. Siracusa
DOCUMENTARY FILM
Patricia Aufderheide
DREAMING J. Allan Hobson
DRUGS Les Iversen
DRUIDS Barry Cunliffe
DYNASTY Jeroen Duindam
DYSLEXIA Margaret J. Snowling
EARLY MUSIC Thomas Forrest Kelly
THE EARTH Martin Redfern
EARTH SYSTEM SCIENCE
Tim Lenton
ECOLOGY Jaboury Ghazoul
ECONOMICS Partha Dasgupta
EDUCATION Gary Thomas
EGYPTIAN MYTH Geraldine Pinch
EIGHTEENTH‑CENTURY
BRITAIN Paul Langford
THE ELEMENTS Philip Ball
EMOTION Dylan Evans
EMPIRE Stephen Howe
EMPLOYMENT LAW David Cabrelli
ENERGY SYSTEMS Nick Jenkins
ENGELS Terrell Carver
ENGINEERING David Blockley
THE ENGLISH LANGUAGE
Simon Horobin
ENGLISH LITERATURE Jonathan Bate
THE ENLIGHTENMENT
John Robertson
ENTREPRENEURSHIP Paul Westhead
and Mike Wright
ENVIRONMENTAL
ECONOMICS Stephen Smith
ENVIRONMENTAL ETHICS
Robin Attfield
ENVIRONMENTAL LAW
Elizabeth Fisher
ENVIRONMENTAL POLITICS
Andrew Dobson
ENZYMES Paul Engel
EPICUREANISM Catherine Wilson
EPIDEMIOLOGY Rodolfo Saracci
ETHICS Simon Blackburn
ETHNOMUSICOLOGY Timothy Rice
THE ETRUSCANS Christopher Smith
EUGENICS Philippa Levine
THE EUROPEAN UNION
Simon Usherwood and John Pinder
EUROPEAN UNION LAW
Anthony Arnull
EVANGELICALISM
John G. Stackhouse Jr.
EVIL Luke Russell
EVOLUTION Brian and
Deborah Charlesworth
EXISTENTIALISM Thomas Flynn
EXPLORATION Stewart A. Weaver
EXTINCTION Paul B. Wignall
THE EYE Michael Land
FAIRY TALE Marina Warner
FAMILY LAW Jonathan Herring
MICHAEL FARADAY
Frank A. J. L. James
FASCISM Kevin Passmore
FASHION Rebecca Arnold
FEDERALISM Mark J. Rozell and
Clyde Wilcox
FEMINISM Margaret Walters
FILM Michael Wood
FILM MUSIC Kathryn Kalinak
FILM NOIR James Naremore
FIRE Andrew C. Scott
THE FIRST WORLD WAR
Michael Howard
FLUID MECHANICS Eric Lauga
FOLK MUSIC Mark Slobin
FOOD John Krebs
FORENSIC PSYCHOLOGY
David Canter
FORENSIC SCIENCE Jim Fraser
FORESTS Jaboury Ghazoul
FOSSILS Keith Thomson
FOUCAULT Gary Gutting
THE FOUNDING FATHERS
R. B. Bernstein
FRACTALS Kenneth Falconer
FREE SPEECH Nigel Warburton
FREE WILL Thomas Pink
FREEMASONRY Andreas Önnerfors
FRENCH LITERATURE John D. Lyons
FRENCH PHILOSOPHY
Stephen Gaukroger and Knox Peden
THE FRENCH REVOLUTION
William Doyle
FREUD Anthony Storr
FUNDAMENTALISM Malise Ruthven
FUNGI Nicholas P. Money
THE FUTURE Jennifer M. Gidley
GALAXIES John Gribbin
GALILEO Stillman Drake
GAME THEORY Ken Binmore
GANDHI Bhikhu Parekh
GARDEN HISTORY Gordon Campbell
GENES Jonathan Slack
GENIUS Andrew Robinson
GENOMICS John Archibald
GEOGRAPHY John Matthews and
David Herbert
GEOLOGY Jan Zalasiewicz
GEOMETRY Maciej Dunajski
GEOPHYSICS William Lowrie
GEOPOLITICS Klaus Dodds
GERMAN LITERATURE Nicholas Boyle
GERMAN PHILOSOPHY
Andrew Bowie
THE GHETTO Bryan Cheyette
GLACIATION David J. A. Evans
GLOBAL CATASTROPHES Bill McGuire
GLOBAL ECONOMIC HISTORY
Robert C. Allen
GLOBAL ISLAM Nile Green
GLOBALIZATION Manfred B. Steger
GOD John Bowker
GÖDEL’S THEOREM A. W. Moore
GOETHE Ritchie Robertson
THE GOTHIC Nick Groom
GOVERNANCE Mark Bevir
GRAVITY Timothy Clifton
THE GREAT DEPRESSION AND THE
NEW DEAL Eric Rauchway
HABEAS CORPUS Amanda L. Tyler
HABERMAS James Gordon Finlayson
THE HABSBURG EMPIRE
Martyn Rady
HAPPINESS Daniel M. Haybron
THE HARLEM RENAISSANCE
Cheryl A. Wall
THE HEBREW BIBLE AS
LITERATURE Tod Linafelt
HEGEL Peter Singer
HEIDEGGER Michael Inwood
THE HELLENISTIC AGE
Peter Thonemann
HEREDITY John Waller
HERMENEUTICS Jens Zimmermann
HERODOTUS Jennifer T. Roberts
HIEROGLYPHS Penelope Wilson
HINDUISM Kim Knott
HISTORY John H. Arnold
THE HISTORY OF ASTRONOMY
Michael Hoskin
THE HISTORY OF CHEMISTRY
William H. Brock
THE HISTORY OF CHILDHOOD
James Marten
THE HISTORY OF CINEMA
Geoffrey Nowell-Smith
THE HISTORY OF COMPUTING
Doron Swade
THE HISTORY OF LIFE
Michael Benton
THE HISTORY OF MATHEMATICS
Jacqueline Stedall
THE HISTORY OF MEDICINE
William Bynum
THE HISTORY OF PHYSICS
J. L. Heilbron
THE HISTORY OF POLITICAL
THOUGHT Richard Whatmore
THE HISTORY OF TIME
Leofranc Holford‑Strevens
HIV AND AIDS Alan Whiteside
HOBBES Richard Tuck
HOLLYWOOD Peter Decherney
THE HOLY ROMAN EMPIRE
Joachim Whaley
HOME Michael Allen Fox
HOMER Barbara Graziosi
HORMONES Martin Luck
HORROR Darryl Jones
HUMAN ANATOMY
Leslie Klenerman
HUMAN EVOLUTION
Bernard Wood
HUMAN PHYSIOLOGY
Jamie A. Davies
HUMAN RESOURCE
MANAGEMENT Adrian Wilkinson
HUMAN RIGHTS Andrew Clapham
HUMANISM Stephen Law
HUME James A. Harris
HUMOUR Noël Carroll
THE ICE AGE Jamie Woodward
IDENTITY Florian Coulmas
IDEOLOGY Michael Freeden
THE IMMUNE SYSTEM
Paul Klenerman
INDIAN CINEMA
Ashish Rajadhyaksha
INDIAN PHILOSOPHY Sue Hamilton
THE INDUSTRIAL REVOLUTION
Robert C. Allen
INFECTIOUS DISEASE Marta L. Wayne
and Benjamin M. Bolker
INFINITY Ian Stewart
INFORMATION Luciano Floridi
INNOVATION Mark Dodgson and
David Gann
INTELLECTUAL PROPERTY
Siva Vaidhyanathan
INTELLIGENCE Ian J. Deary
INTERNATIONAL LAW
Vaughan Lowe
INTERNATIONAL MIGRATION
Khalid Koser
INTERNATIONAL RELATIONS
Christian Reus-Smit
INTERNATIONAL SECURITY
Christopher S. Browning
INSECTS Simon Leather
IRAN Ali M. Ansari
ISLAM Malise Ruthven
ISLAMIC HISTORY Adam Silverstein
ISLAMIC LAW Mashood A. Baderin
ISOTOPES Rob Ellam
ITALIAN LITERATURE
Peter Hainsworth and David Robey
HENRY JAMES Susan L. Mizruchi
JESUS Richard Bauckham
JEWISH HISTORY David N. Myers
JEWISH LITERATURE Ilan Stavans
JOURNALISM Ian Hargreaves
JAMES JOYCE Colin MacCabe
JUDAISM Norman Solomon
JUNG Anthony Stevens
KABBALAH Joseph Dan
KAFKA Ritchie Robertson
KANT Roger Scruton
KEYNES Robert Skidelsky
KIERKEGAARD Patrick Gardiner
KNOWLEDGE Jennifer Nagel
THE KORAN Michael Cook
KOREA Michael J. Seth
LAKES Warwick F. Vincent
LANDSCAPE ARCHITECTURE
Ian H. Thompson
LANDSCAPES AND
GEOMORPHOLOGY
Andrew Goudie and Heather Viles
LANGUAGES Stephen R. Anderson
LATE ANTIQUITY Gillian Clark
LAW Raymond Wacks
THE LAWS OF THERMODYNAMICS
Peter Atkins
LEADERSHIP Keith Grint
LEARNING Mark Haselgrove
LEIBNIZ Maria Rosa Antognazza
C. S. LEWIS James Como
LIBERALISM Michael Freeden
LIGHT Ian Walmsley
LINCOLN Allen C. Guelzo
LINGUISTICS Peter Matthews
LITERARY THEORY Jonathan Culler
LOCKE John Dunn
LOGIC Graham Priest
LOVE Ronald de Sousa
MARTIN LUTHER Scott H. Hendrix
MACHIAVELLI Quentin Skinner
MADNESS Andrew Scull
MAGIC Owen Davies
MAGNA CARTA Nicholas Vincent
MAGNETISM Stephen Blundell
MALTHUS Donald Winch
MAMMALS T. S. Kemp
MANAGEMENT John Hendry
NELSON MANDELA Elleke Boehmer
MAO Delia Davin
MARINE BIOLOGY Philip V. Mladenov
MARKETING
Kenneth Le Meunier-FitzHugh
THE MARQUIS DE SADE John Phillips
MARTYRDOM Jolyon Mitchell
MARX Peter Singer
MATERIALS Christopher Hall
MATHEMATICAL FINANCE
Mark H. A. Davis
MATHEMATICS Timothy Gowers
MATTER Geoff Cottrell
THE MAYA Matthew Restall and
Amara Solari
THE MEANING OF LIFE
Terry Eagleton
MEASUREMENT David Hand
MEDICAL ETHICS Michael Dunn and
Tony Hope
MEDICAL LAW Charles Foster
MEDIEVAL BRITAIN John Gillingham
and Ralph A. Griffiths
MEDIEVAL LITERATURE
Elaine Treharne
MEDIEVAL PHILOSOPHY
John Marenbon
MEMORY Jonathan K. Foster
METAPHYSICS Stephen Mumford
METHODISM William J. Abraham
THE MEXICAN REVOLUTION
Alan Knight
MICROBIOLOGY Nicholas P. Money
MICROBIOMES Angela E. Douglas
MICROECONOMICS Avinash Dixit
MICROSCOPY Terence Allen
THE MIDDLE AGES Miri Rubin
MILITARY JUSTICE Eugene R. Fidell
MILITARY STRATEGY
Antulio J. Echevarria II
JOHN STUART MILL Gregory Claeys
MINERALS David Vaughan
MIRACLES Yujin Nagasawa
MODERN ARCHITECTURE
Adam Sharr
MODERN ART David Cottington
MODERN BRAZIL Anthony W. Pereira
MODERN CHINA Rana Mitter
MODERN DRAMA
Kirsten E. Shepherd-Barr
MODERN FRANCE
Vanessa R. Schwartz
MODERN INDIA Craig Jeffrey
MODERN IRELAND Senia Pašeta
MODERN ITALY Anna Cento Bull
MODERN JAPAN
Christopher Goto-Jones
MODERN LATIN AMERICAN
LITERATURE
Roberto González Echevarría
MODERN WAR Richard English
MODERNISM Christopher Butler
MOLECULAR BIOLOGY Aysha Divan
and Janice A. Royds
MOLECULES Philip Ball
MONASTICISM Stephen J. Davis
THE MONGOLS Morris Rossabi
MONTAIGNE William M. Hamlin
MOONS David A. Rothery
MORMONISM Richard Lyman Bushman
MOUNTAINS Martin F. Price
MUHAMMAD Jonathan A. C. Brown
MULTICULTURALISM Ali Rattansi
MULTILINGUALISM John C. Maher
MUSIC Nicholas Cook
MUSIC AND TECHNOLOGY
Mark Katz
MYTH Robert A. Segal
NANOTECHNOLOGY
Philip Moriarty
NAPOLEON David A. Bell
THE NAPOLEONIC WARS
Mike Rapport
NATIONALISM Steven Grosby
NATIVE AMERICAN LITERATURE
Sean Teuton
NAVIGATION Jim Bennett
NAZI GERMANY Jane Caplan
NEGOTIATION Carrie Menkel-Meadow
NEOLIBERALISM Manfred B. Steger
and Ravi K. Roy
NETWORKS Guido Caldarelli and
Michele Catanzaro
THE NEW TESTAMENT
Luke Timothy Johnson
THE NEW TESTAMENT AS
LITERATURE Kyle Keefer
NEWTON Robert Iliffe
NIETZSCHE Michael Tanner
NINETEENTH‑CENTURY
BRITAIN Christopher Harvie and
H. C. G. Matthew
THE NORMAN CONQUEST
George Garnett
NORTH AMERICAN
INDIANS Theda Perdue and
Michael D. Green
NORTHERN IRELAND
Marc Mulholland
NOTHING Frank Close
NUCLEAR PHYSICS Frank Close
NUCLEAR POWER Maxwell Irvine
NUCLEAR WEAPONS
Joseph M. Siracusa
NUMBER THEORY Robin Wilson
NUMBERS Peter M. Higgins
NUTRITION David A. Bender
OBJECTIVITY Stephen Gaukroger
OCEANS Dorrik Stow
THE OLD TESTAMENT
Michael D. Coogan
THE ORCHESTRA D. Kern Holoman
ORGANIC CHEMISTRY
Graham Patrick
ORGANIZATIONS Mary Jo Hatch
ORGANIZED CRIME
Georgios A. Antonopoulos and
Georgios Papanicolaou
ORTHODOX CHRISTIANITY
A. Edward Siecienski
OVID Llewelyn Morgan
PAGANISM Owen Davies
PAKISTAN Pippa Virdee
THE PALESTINIAN-ISRAELI
CONFLICT Martin Bunton
PANDEMICS Christian W. McMillen
PARTICLE PHYSICS Frank Close
PAUL E. P. Sanders
IVAN PAVLOV Daniel P. Todes
PEACE Oliver P. Richmond
PENTECOSTALISM William K. Kay
PERCEPTION Brian Rogers
THE PERIODIC TABLE Eric R. Scerri
PHILOSOPHICAL METHOD
Timothy Williamson
PHILOSOPHY Edward Craig
PHILOSOPHY IN THE ISLAMIC
WORLD Peter Adamson
PHILOSOPHY OF BIOLOGY
Samir Okasha
PHILOSOPHY OF LAW
Raymond Wacks
PHILOSOPHY OF MIND
Barbara Gail Montero
PHILOSOPHY OF PHYSICS
David Wallace
PHILOSOPHY OF SCIENCE
Samir Okasha
PHILOSOPHY OF RELIGION
Tim Bayne
PHOTOGRAPHY Steve Edwards
PHYSICAL CHEMISTRY Peter Atkins
PHYSICS Sidney Perkowitz
PILGRIMAGE Ian Reader
PLAGUE Paul Slack
PLANETARY SYSTEMS
Raymond T. Pierrehumbert
PLANETS David A. Rothery
PLANTS Timothy Walker
PLATE TECTONICS Peter Molnar
PLATO Julia Annas
POETRY Bernard O’Donoghue
POLITICAL PHILOSOPHY David Miller
POLITICS Kenneth Minogue
POLYGAMY Sarah M. S. Pearsall
POPULISM Cas Mudde and
Cristóbal Rovira Kaltwasser
POSTCOLONIALISM Robert J. C. Young
POSTMODERNISM Christopher Butler
POSTSTRUCTURALISM
Catherine Belsey
POVERTY Philip N. Jefferson
PREHISTORY Chris Gosden
PRESOCRATIC PHILOSOPHY
Catherine Osborne
PRIVACY Raymond Wacks
PROBABILITY John Haigh
PROGRESSIVISM Walter Nugent
PROHIBITION W. J. Rorabaugh
PROJECTS Andrew Davies
PROTESTANTISM Mark A. Noll
PSYCHIATRY Tom Burns
PSYCHOANALYSIS Daniel Pick
PSYCHOLOGY Gillian Butler and
Freda McManus
PSYCHOLOGY OF MUSIC
Elizabeth Hellmuth Margulis
PSYCHOPATHY Essi Viding
PSYCHOTHERAPY Tom Burns and
Eva Burns-Lundgren
PUBLIC ADMINISTRATION
Stella Z. Theodoulou and Ravi K. Roy
PUBLIC HEALTH Virginia Berridge
PURITANISM Francis J. Bremer
THE QUAKERS Pink Dandelion
QUANTUM THEORY
John Polkinghorne
RACISM Ali Rattansi
RADIOACTIVITY Claudio Tuniz
RASTAFARI Ennis B. Edmonds
READING Belinda Jack
THE REAGAN REVOLUTION
Gil Troy
REALITY Jan Westerhoff
RECONSTRUCTION Allen C. Guelzo
THE REFORMATION Peter Marshall
REFUGEES Gil Loescher
RELATIVITY Russell Stannard
RELIGION Thomas A. Tweed
RELIGION IN AMERICA
Timothy Beal
THE RENAISSANCE Jerry Brotton
RENAISSANCE ART
Geraldine A. Johnson
RENEWABLE ENERGY Nick Jelley
REPTILES T.S. Kemp
REVOLUTIONS Jack A. Goldstone
RHETORIC Richard Toye
RISK Baruch Fischhoff and John Kadvany
RITUAL Barry Stephenson
RIVERS Nick Middleton
ROBOTICS Alan Winfield
ROCKS Jan Zalasiewicz
ROMAN BRITAIN Peter Salway
THE ROMAN EMPIRE
Christopher Kelly
THE ROMAN REPUBLIC
David M. Gwynn
ROMANTICISM Michael Ferber
ROUSSEAU Robert Wokler
RUSSELL A. C. Grayling
THE RUSSIAN ECONOMY
Richard Connolly
RUSSIAN HISTORY Geoffrey Hosking
RUSSIAN LITERATURE
Catriona Kelly
THE RUSSIAN REVOLUTION
S. A. Smith
SAINTS Simon Yarrow
SAMURAI Michael Wert
SAVANNAS Peter A. Furley
SCEPTICISM Duncan Pritchard
SCHIZOPHRENIA Chris Frith and
Eve Johnstone
SCHOPENHAUER
Christopher Janaway
SCIENCE AND RELIGION
Thomas Dixon and Adam R. Shapiro
SCIENCE FICTION David Seed
THE SCIENTIFIC REVOLUTION
Lawrence M. Principe
SCOTLAND Rab Houston
SECULARISM Andrew Copson
SEXUAL SELECTION Marlene Zuk and
Leigh W. Simmons
SEXUALITY Véronique Mottier
WILLIAM SHAKESPEARE
Stanley Wells
SHAKESPEARE’S COMEDIES
Bart van Es
SHAKESPEARE’S SONNETS AND
POEMS Jonathan F. S. Post
SHAKESPEARE’S TRAGEDIES
Stanley Wells
GEORGE BERNARD SHAW
Christopher Wixson
MARY SHELLEY Charlotte Gordon
THE SHORT STORY Andrew Kahn
SIKHISM Eleanor Nesbitt
SILENT FILM Donna Kornhaber
THE SILK ROAD James A. Millward
SLANG Jonathon Green
SLEEP Steven W. Lockley and
Russell G. Foster
SMELL Matthew Cobb
ADAM SMITH Christopher J. Berry
SOCIAL AND CULTURAL
ANTHROPOLOGY
John Monaghan and Peter Just
SOCIAL PSYCHOLOGY
Richard J. Crisp
SOCIAL WORK Sally Holland and
Jonathan Scourfield
SOCIALISM Michael Newman
SOCIOLINGUISTICS John Edwards
SOCIOLOGY Steve Bruce
SOCRATES C. C. W. Taylor
SOFT MATTER Tom McLeish
SOUND Mike Goldsmith
SOUTHEAST ASIA James R. Rush
THE SOVIET UNION
Stephen Lovell
THE SPANISH CIVIL WAR
Helen Graham
SPANISH LITERATURE Jo Labanyi
THE SPARTANS Andrew J. Bayliss
SPINOZA Roger Scruton
SPIRITUALITY Philip Sheldrake
SPORT Mike Cronin
STARS Andrew King
STATISTICS David J. Hand
STEM CELLS Jonathan Slack
STOICISM Brad Inwood
STRUCTURAL ENGINEERING
David Blockley
STUART BRITAIN John Morrill
SUBURBS Carl Abbott
THE SUN Philip Judge
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Stephen Blundell
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SYNTHETIC BIOLOGY
Jamie A. Davies
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THINKING AND REASONING
Jonathan St B. T. Evans
THOUGHT Tim Bayne
TIBETAN BUDDHISM
Matthew T. Kapstein
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Emyr Martyn Roberts
TIME Jenann Ismael
TOCQUEVILLE Harvey C. Mansfield
LEO TOLSTOY Liza Knapp
TOPOLOGY Richard Earl
TRAGEDY Adrian Poole
TRANSLATION Matthew Reynolds
THE TREATY OF VERSAILLES
Michael S. Neiberg
TRIGONOMETRY
Glen Van Brummelen
THE TROJAN WAR Eric H. Cline
TRUST Katherine Hawley
THE TUDORS John Guy
TWENTIETH‑CENTURY BRITAIN
Kenneth O. Morgan
TYPOGRAPHY Paul Luna
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Jussi M. Hanhimäki
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David Palfreyman and Paul Temple
THE U.S. CIVIL WAR Louis P. Masur
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David J. Bodenhamer
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UTILITARIANISM
Katarzyna de Lazari-Radek and
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UTOPIANISM Lyman Tower Sargent
VATICAN II Shaun Blanchard and
Stephen Bullivant
VETERINARY SCIENCE James Yeates
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Mary Joan Winn Leith
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VOLCANOES Michael J. Branney and
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VOLTAIRE Nicholas Cronk
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and Joshua Rey
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THE WELFARE STATE David Garland
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WORK Stephen Fineman
WORLD MUSIC Philip Bohlman
WORLD MYTHOLOGY David Leeming
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www.oup.com/vsi/
 Raymond Wacks

LAW
A Very Short Introduction
t h i r d ed i t i o n
 Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
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© Raymond Wacks 2008, 2023
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First edition published 2008
Second edition published 2015
Third edition published 2023
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Contents

Preface xvii

List of illustrations xxiii

1 Law’s roots 1

2 Law’s branches 34

3 Law and morality 66

4 Courts 92

5 Lawyers 112

6 The future of the law 123

References 153

Legal sources: a very short explanation 157

Cases discussed 159

Further reading 161

Index 171
Preface

Rarely do the words ‘law’ and ‘short’ inhabit the same sentence.
The notorious verbosity of the law may suggest that any attempt
to condense even its rudiments is an enterprise of Utopian, if not
quixotic, proportions. But this is the improbable task I have
undertaken in these pages. I have attempted to distil the essentials
of the complex phenomenon of law: its roots, branches, purpose,
practice, institutions, and future. My purpose is to introduce the
lay reader—­including the prospective or novice student of law,
politics, and other social sciences—­to the fundamentals of law and
legal systems, avoiding as much technical jargon as possible.

I hope too that this little volume will encourage curiosity about
the intriguing nature of law, and stimulate further reflection
upon, and exploration into, the central role it plays in all of our
lives. Those in search of a deeper understanding of the numerous
facets of the law will want to turn to some of the many works
that I list in the ‘Further reading’ section at the end of the book.
There is also, of course, a wealth of admirable online legal
resources, some of which are provided in Chapter 6 and in the
pages on ‘Legal sources’.

Not surprisingly, a number of significant developments affecting

the law have occurred in the seven years since the publication of
 the last edition of this book. The COVID-­19 pandemic spawned
far-­reaching legal and regulatory controls in order to contain
the spread of the virus. In respect of civil liberties and the rule of
law there have been several other momentous events: the
impeachment of President Trump, the ‘occupation’ of the United
States Capitol, escalation of the power of Big Tech, the alleged
genocide of Uyghurs in Xinjiang, China, the increasing threats to
freedom of speech posed by so-­called ‘cancel culture’, the killing of
George Floyd and the rise of the Black Lives Matter movement,
the US Supreme Court’s recent decision on abortion rights, the
conviction of the Hollywood producer Harvey Weinstein and the
resulting ‘#MeToo’ movement, the continuing migrant crisis, and
Russia’s invasion of Ukraine, to mention only a few. They
demonstrate, if proof were needed, the challenges faced by the law
in keeping pace with rapid—­and occasionally disquieting—­social
and political change. Some of these are considered in the pages
that follow.
Law

It is important to stress that though the emphasis of the book is

on the Western secular legal tradition (the common law and the
civil law), I include brief accounts of other legal systems, such as
Islamic law, customary law, and certain mixed systems, in order
to offer an introduction to ‘law’ in its most general sense. I do,
however, confess my predisposition towards the common law. This
prejudice, if that is what it is, might be defended by pointing to
what I see as a perceptible shift towards the globalization of
various features of the common law. But the explanation is less
arcane. English is the language in which the book is written by
one who has spent most of his working life in common law
jurisdictions. My limited proficiency in foreign languages dictates
that all the sources—­including those related to non-­common law
systems—­are in English. Despite this encumbrance, I have
attempted to curtail any gratuitous assumptions about the law
that may spring from my own experience which, as it happens, is
unusually varied. I studied and taught law in a mixed legal system

xviii
(South Africa) as well as in two common law jurisdictions
(England and Hong Kong), and I lived for many years in a civil
law country (Italy). My nomadic existence could, I suppose, be
tendered as evidence in mitigation of any preconceptions I may be
guilty of exhibiting in these pages.

Serendipitously, two of these jurisdictions are particularly

instructive; both underwent seismic transformations during the
1990s, entailing fundamental legal change. In 1992 the legal
edifice of apartheid was demolished; two years later Nelson
Mandela was elected president of the ‘new’ South Africa with its
democratic constitution, bill of rights, and constitutional court.
And in 1997, Hong Kong’s metamorphosis from British colony
to Chinese Special Administrative Region was, fundamentally,
a matter of law. The form and structure of this improbable
creature—­a capitalist enclave within a nominally socialist state—­is
guaranteed by Hong Kong’s Basic Law that safeguards the
maintenance of the existing common law. The reliability of this

Preface
promise has recently been subjected to serious question as the
freedoms hitherto enjoyed in the territory have been eroded by
a—­still unfolding—­crackdown, following widespread protests and
demonstrations (occasionally violent), by the mainland.

If there is a lesson to be learnt from these two constitutional

episodes, it is the perhaps rather prosaic truth that the law is an
imperfect yet crucial vehicle by which both to conserve and to
transform society. It would be rash to undervalue the capacity
of an effective legal system and the rule of law to ensure the
indispensable virtues of liberty, equality, certainty, generality,
safety, and predictability. Few societies attain genuine harmony
and accord; yet in the absence of a sound legal system the descent
into chaos and conflict would surely beleaguer our increasingly
polarized planet. The rising threat of Islamic terror poses
formidable challenges to the ability of the law to strike a balance
between freedom and security.

xix
Another random document with
no related content on Scribd:
in theca Evangelii Fothet episcopus, maxime vir authoritatis, versus
istos—

‘Hanc Evangelii thecam construxit aviti

Fothet qui Scotis Summus Episcopus est.’

Bower altered the expression ‘Summus Episcopus’ to ‘Primus

Episcopus,’ and applied it to the first Fothad, whom he made first
bishop, though in the revised edition of the Scotichronicon in the
Cupar MS., he corrects his mistake. Wyntoun takes the same view,
but ‘Summus Episcopus’ is the exact equivalent in Latin of the Irish
Ard epscop, and there is no doubt that the last Fothad is the bishop
meant. The Gospel he so carefully protected may have been a gift
from Queen Margaret.
679. Regist. Prior. S. Andreæ, p. 115.
680. Chron. Picts and Scots, p. 188. See also Dr. Reeves’s British
Culdees, p. 106, and the very valuable commentary in the notes.
681. Dr. Reeves was the first to give the correct explanation of this
passage in the legend. See British Culdees, p. 107, note.
682. Dr. Reeves on the British Culdees, p. 75.
683. Dr. Reeves on the Ancient Churches of Armagh, p. 21.
684. See infra, p. 414, note 780, for original of this passage.
685. Miscellany of the Irish Archæological Society, vol. i. p. 131.
686. Ib. p. 133.
687. Ib. p. 141.
688. Miscellany of the Irish Archæological Society, vol. i. p. 129.
689. Ib., p. 131.
690. Ib., p. 129.
Dr. Reeves has printed in the appendix to Bishop Colton’s
Visitation, edited for the Irish Archæological Society, p. 109, a rule of
Columcille taken from one of the Burgundian MSS. It is obviously the
same rule which Colgan describes as ‘aliam regulam eremiticam seu
præscriptum fratribus scripsit.’ It cannot be connected with St.
Columba himself, and it is probably a rule compiled for the Deoradh
De at the time the Disert Columcille was founded at Kells. It will be
found in the Appendix.
691. See antea, p. 342.
 692. These notices are taken from the Annals of the Four Masters,
where they will be found under their respective dates.
693. St. Ciaran, the founder of Clonmacnois, has left a trace of his
name in Iona; for a rising ground south of Martyr’s Bay is called
Cnoc Ciaran.
 CHAPTER IX.

EXTINCTION OF THE OLD CELTIC CHURCH IN

SCOTLAND.

Causes which The causes which combined to bring the old

brought the Celtic Celtic Church to an end may be classed under
Church to an end. two heads—internal decay and external change.
Under the first head the chief cause was the encroachment of the
secular element upon the ecclesiastic, and the gradual absorption of
the latter by the former. As long as the old monastic system
remained intact there was a vitality in its ecclesiastical organisation
which to a great extent preserved the essential character of these
monasteries as great ecclesiastical foundations; but this was to
some extent impaired by the assimilation of the church to that of
Rome in the seventh and eighth centuries, which introduced a
secular element among her clergy; and the Danish invasions, with all
their devastating and destructive consequences, completed the total
disorganisation of the Monastic Church. The monasteries were
repeatedly laid waste and destroyed, and her clergy had either to fly
or to take up arms in self-defence; her lands, with their ruined
buildings and reduced establishment, fell into the hands of laymen,
and became hereditary in their families; until at last nothing was left
but the mere name of abbacy applied to the lands, and of abbot
borne by the secular lord for the time. The external change produced
in the church was the result of the policy adopted towards it by the
kings of the race of Queen Margaret. It was in the main the same
policy as that adopted towards Ireland by the Norman kings of
England. It mainly consisted, first, in placing the church upon a
territorial in place of a tribal basis, and substituting the parochial
system and a diocesan episcopacy for the old tribal churches with
their monastic jurisdiction and functional episcopacy; secondly, in
introducing the religious orders of the Church of Rome, and founding
great monasteries as centres of counter influence to the native
church; and, thirdly, in absorbing the Culdees, now the only clerical
element left in the Celtic Church, into the Roman system, by
converting them from secular into regular canons, and merging them
in the latter order.
A.D. 1093-1107. During the war of succession which followed
See of St. the death of Malcolm the Third and ended in the
Andrews remains firm establishment of the sons of the Saxon
vacant and
Queen Margaret upon the throne of Scotland in
churches founded
in Lothian only. the person of Edgar, her eldest son, no successor
appears to have been appointed to Fothad, the
last native bishop of St. Andrews, and no attempt appears to have
been made to follow out the policy which had been inaugurated by
that queen of assimilating the native church to that of Rome. During
this interval Scotland north of the Firths of Forth and Clyde was left
without a bishop, and the conflict between the Celtic and the Saxon
element in the population of the country, which was to determine
whether Scotland was to remain a Celtic or a Teutonic kingdom,
probably threw the northern portion of it into too great a confusion to
render any attempt to reorganise the church possible. The only
ecclesiastical foundations made during this period were confined to
the southern districts, where the sons of Malcolm, who owed to
English assistance the vindication of their right to the throne, showed
their gratitude by grants to the church of Durham. Duncan, the eldest
son of Malcolm, made over to the monks of Durham Tiningeham,
Aldeham, Scuchale, Cnolle, Hatherwich, and all right which Bishop
Fodan had in Broccesmuthe.[694] These lands are in East Lothian,
and formed part of the possessions of St. Balthere’s monastery of
Tyningham. The allusion to the rights of Bishop Fodan or Fothad
shows that this part of Lothian at least had by this time come under
the bishops of St. Andrews; and we find that these lands afterwards
reverted to that see.[695]
Edgar, the eldest son of Queen Margaret, had no sooner made
good his right to the throne by English assistance, than we find him
refounding the monastery of Coldingham, which had been destroyed
by the Danes. In his charter he says that he had come to the
dedication of the church of St. Mary at Coldingham, which dedication
had been honourably completed to the praise of God and to his
contentment, and that he had immolated on the altar to the same
church, in endowment, and granted, the whole town of Swintun, to
be held for ever free and quit from all claim, and to be disposed of at
the will of the monks of St. Cuthbert. He adds that he had ordained
to the men of Coldinghamshire, as they themselves have chosen
and confirmed in his hand, that they every year pay to the monks
half a mark of silver for each plough.[696] The mention of
Coldinghamshire, and the burden imposed upon the men of the
district to contribute to the support of the church, indicate something
like a parochial district attached to the church; and we find, in
another charter, the establishment of a parish church clearly
presented to us, as well as the process by which it was
accomplished. In this document, Thor informs his lord, Earl David,
that King Edgar had given him Ednaham, now Ednam, in
Berwickshire, waste; that he had inhabited it, and built from the
foundation the church which King Edgar caused to be dedicated to
Saint Cuthbert, and had endowed it with one plough; and he prays
his son to confirm the donation he had made of the church to St.
Cuthbert and the monks of Durham.[697] Here we have in fact a
formation of a manor with its parish church, and in a subsequent
document it is termed the mother church of Ednam.[698]
A.D. 1107. Edgar appears to have made no attempt to
Turgot appointed introduce a parochial church north of the Forth, or
bishop of St. even to fill up the vacancy in the see of St.
Andrews, and the
Andrews; but, on his death, when the territory
Sees of Moray and
Dunkeld created. which formed his kingdom, with its
heterogeneous population, was divided between
his two brothers—the districts north of the Forth and Clyde, with
Lothian as far as the Lammermoors, falling, under his will, to
Alexander as king, and the districts of the Cumbrian Britons, with the
rest of Lothian, to David as earl—the policy which had been
inaugurated by their Saxon mother, Queen Margaret, of assimilating
the native church to that of England, was at once resumed by both.
Alexander’s first step was to fill up the vacancy in the bishopric of St.
Andrews, by the appointment, in the first year of his reign, of Turgot,
prior of Durham, and at the same time to create two additional
bishoprics for the more remote and Celtic portion of his kingdom.
The first was that of Moray, to which he appointed a bishop named
Gregorius; and the second was that of Dunkeld, which he revived in
the person of Cormac.[699]
Establishment of The districts beyond the Spey were at this time
the bishopric of so little under the influence of the Crown, and
Moray. their connection with what formed the kingdom
proper so slender, that the position of a bishop of Moray appointed
by the king can have been little more than nominal. In fact, we know
very little of the state of the church in that great Celtic district at this
time, except what may be gathered from the dedications of the
churches. The low-lying portion of its territory, extending along the
south shore of the Moray Firth from the Spey westward, with its
fertile soil and temperate air, must always have formed an attractive
position for ecclesiastical establishments; and in that part of it which
lies between the Spey and the Findhorn three churches come now
rather prominently forward. These are the churches of Brennach, or
Birnie, Spyny and Kenedor; and we learn something of this last
church from the legend of Saint Gervadius or Gernadius, whose day
is the 8th of November. He was a native of Ireland, and leaving his
home to preach the Word of Life in Scotland, he came to the territory
of Moravia or Moray, in which place he associated with himself many
fellow-soldiers in Christ, and under angelic direction, as it is said,
built an oratory or cell in a place called Kenedor. Here he had a
stone bed, and led the life of an Anchorite.[700] A cave near Elgin and
a spring of water in the rock above bear his name. An allusion in his
legend to a war by the king of the Angles against the Scots, which
brought the Anglic soldiers to his neighbourhood, fixes his date to
the year 934, when Athelstane, king of Northumbria, invaded
Scotland both by sea and land; and his establishment has all the
features of a Culdee church. There was no trace, however, of the
name of Culdee in this district when Alexander founded his
bishopric, and it was not till the time of Bricius, the sixth bishop of
Moray, who filled that position from 1203 to 1222, that the bishops
had any fixed residence in the diocese. They are said before his time
to have had their episcopal seat in one or other of the three churches
of Birnie, Spyny and Kenedor. When Bricius became bishop in 1203
he fixed his cathedral at Spyny, and founded a chapter of eight
secular canons, giving to his cathedral a constitution founded on the
usage of Lincoln, which he ascertained by a mission to England.[701]
After his death the seat of the bishopric was removed to Elgin.
Establishment of The bishopric of Dunkeld was in a very
bishopric of different position, and its relations with the Crown
Dunkeld. were of the most intimate character. A church had
been built there by Kenneth mac Alpin, the founder of the Scottish
dynasty, and a part at least of the relics of St. Columba had been
transferred to it by him. The abbot, in his time, was the first bishop of
his Pictish kingdom. It had then, along with the great territory forming
the lay abbacy of Dull, passed into the possession of a line of lay
abbots, from whom the family on the throne were the male
descendants; and it had now, probably by the death of Ethelred the
young lay abbot, again reverted to the Crown, as we hear no more of
him after the reign of Edgar. Mylne, who was a canon of Dunkeld in
the fifteenth century, tells us in his Lives of the Bishops of Dunkeld
‘that, when it seemed good to the Supreme Controller of all Christian
religion, and when devotion and piety had increased, St. David, the
sovereign, who was the younger son of King Malcolm Canmor and
the holy Queen Margaret, having changed the constitution of the
monastery, erected it into a cathedral church, and, having
superseded the Keledei, created, about the year 1127, a bishop and
canons, and ordained that there should in future be a secular
college. The first bishop on this foundation was for a time abbot of
that monastery, and subsequently a counsellor of the king.’[702] Mylne
is, however, wrong both in the date and in the name of the founder;
for, as we have seen, the bishopric was founded by Alexander, the
predecessor of King David, as early as the year 1107. The
possession of the ample territories belonging to the lay abbacy of
Dunkeld would enable him at once to refound the bishopric with its
cathedral and chapter in proper form. And here we find the remains
of the old Columban Church brought into sharp contact with the
Culdee foundations. The church which Kenneth had founded there
certainly inherited, along with a part of the relics of the great founder
of the Columban Church, to a certain extent also the primatial
jurisdiction of the monastery of Iona over the Columban monasteries
on the mainland. These monasteries had, with few exceptions,
become lay abbacies, and Mylne appears so far to have given a
correct representation of the revival of the episcopate, as we find
that the rights of the original monastery of Dunkeld over the
Columban foundations do appear to have been now exercised by the
bishop. Besides the two great lay abbacies of Dull and Glendochart,
founded respectively by St. Adamnan and St. Fillan in the seventh
century, whose united territory comprised the entire western districts
of Atholl, bounded by Drumalban on the west, and the districts
beyond this range, which afterwards formed the diocese of Argyll, we
find the new bishopric possessing within the limits of other dioceses
disconnected parishes which represented old Columban
foundations. In Stratherne it had the parishes of Madderty and Crieff,
the former dedicated to St. Ethernanus, whose death is recorded by
Tighernac in 669, and who therefore belonged to the Columban
Church; and here we find the bishop dealing with the rights of Can
and Conveth which the clerics of the church of Dunkeld had from ‘the
lands of Madderty, which in Scotch are termed Abthen.’[703] In
charters to the monastery of Dunfermline the rights of Dunkeld in
Fife and Fotherif are specially reserved;[704] and here the bishopric
possessed Incholm, dedicated to St. Columba, and adjacent lands
on the mainland. In Angus it possessed the parishes of Fearn and
Menmuir, dedicated to St. Aidan, the Columban bishop of
Lindisfarne; and it even penetrated beyond the Firth of Forth on the
south, where it possessed Cramond dedicated to St. Columba, and
on the north beyond the Mounth, when we find in a charter granted
by the Mormaer, or earl of Buchan, in the earlier years of the reign of
King David, of the lands of Pet-mec-Cobrig ‘for the consecration of a
church of Christ and Peter the apostle (at Deer) and to Columcille
and to Drostan,’ that is, for the reconsecration of the church of Deer
to St. Peter, which had previously been dedicated to St. Columba
and St. Drostan, and the lands are granted ‘free from all exactions
with their tie to Cormac, bishop of Dunkeld.’[705] This monastery of
Deer is one of the few Columban foundations which preserved its
clerical character intact down to this period, and here we find no
trace of the name of Culdee in connection with it.
Rights of Keledei On the other hand, and in contrast to these
pass to St. rights of Dunkeld, Turgot was no sooner elected
Andrews. bishop of St. Andrews than the fate and fortunes
of the Culdee establishments were committed into his hands; for we
are told that ‘in his days the whole rights of the Keledei over the
whole kingdom of Scotland passed to the bishopric of St.
Andrews.’[706] The appointment of Turgot, the prior of Durham, to the
bishopric of St. Andrews, in conformity with the policy adopted
towards the native church by the sons of Queen Margaret, had one
result which probably King Alexander did not anticipate when he
made it. It brought upon him the claim of the archbishop of York to
supremacy over the Scottish Church, whose bishops he regarded as
his suffragans. It is not necessary for our purpose to enter at length
on this intricate subject. His claim was, no doubt, founded upon the
original commission by Pope Gregory to Augustine in the end of the
sixth century, by which he placed all the churches north of the
Humber under the bishop of York, and to the convention between the
archbishops of Canterbury and York in 1072, by which it was
attempted to revive this arrangement, and to place all the churches
of the northern province, as far as the extreme limits of Scotland,
under the latter;[707] but such a right had never been either
recognised or exercised, and the only substantial ground upon which
it could be based was one very similar to that on which the
supremacy claimed by the king of England over Scotland could be
founded. It is certain that the province of York extended
ecclesiastically, as the kingdom of Northumbria did civilly, to the Firth
of Forth; and so far as concerned the churches of Lothian and
Teviotdale, the former of which were now under the rule of the
bishop of St. Andrews, while the latter were claimed by Glasgow,
there may have been some ground for the assertion of such a right,
similar to that which the annexation of Lothian to the kingdom of
Scotland gave for the civil claim; but beyond the Firths of Forth and
Clyde the claims of both were shadowy in the extreme, and
Alexander, in his jealousy for the independence of his kingdom, saw
the necessity of resisting the threatened encroachment of the
ecclesiastical jurisdiction of York. In the end Turgot was consecrated
at York on 1st August 1109, with reservation of the rights of either
see. He died on 31st August 1115, and during his tenure of office,
owing mainly to these disputes, he appears to have done nothing to
affect the rights of the Culdees. In order to avoid a recurrence of this
question, Alexander applied to the archbishop of Canterbury to
recommend him an English cleric as bishop, stating that the bishops
of St. Andrews had hitherto been consecrated either by the Pope or
by the archbishop of Canterbury. The former assertion was probably
true in so far as regards the later bishops; but the incautious
admission of the latter, which was totally inconsistent with fact, led
the king into a new and unprofitable dispute, which had an equally
awkward bearing upon the more important question of the
independence of the kingdom. Eadmer, a monk of Canterbury, was
sent, but was not elected till 1120; and in the following year he
returned to Canterbury,[708] and the bishopric remained unfilled up for
three years.
Canons regular During this time, however, while St. Andrews
introduced into was, practically speaking, without a bishop,
Scotland. Alexander commenced to carry out another part
of this policy, by introducing the canons-regular of St. Augustine, or
the black canons, as they were called, into Scotland; and for this
purpose he selected the most central and important position in his
kingdom, that of Scone, which was peculiarly associated with the
very heart of the monarchy, and had been the scene of previous
legislation regarding the church. Here he brought a colony of canons
regular from the church of St. Oswald at Nastlay, near Pontefract, in
Yorkshire, and founded a priory in the year 1115, which was
confirmed by the seven earls of his kingdom, and by Gregory and
Cormac, the bishops of the two additional bishoprics he had created,
who here term themselves bishops by the authority of God, and of
the holy apostles Peter and Paul and of Saint Andrew the apostle.
The church, which was previously dedicated to the Trinity, was
placed under the patronage of the Virgin, St. Michael, St. John, St.
Lawrence and St. Augustine.[709] Some years later Alexander
introduced the regular canons into the diocese of Dunkeld. In the
year 1122 he founded a priory of canons on an island near the east
end of Loch Tay, which became a cell of Scone, and here his queen,
Sibylla, died and was buried; and in 1123 he founded a monastery
for the same canons in the island of Inchcolm in the Firth of Forth.[710]
In the following year Alexander heard of the death of Eadmer, and
filled up the bishopric of St. Andrews by appointing Robert, the
English prior of Scone; but, four months after this appointment, and
before Robert was consecrated, he died in the April of that year.
Probably the last act of his life was the right which he conferred upon
the church of the Holy Trinity of Scone, to hold a court, in a charter
which is addressed to the bishops and earls of Scotland, and is
witnessed by Robert, bishop-elect of St. Andrews, Cormac the
bishop, and Gregory, bishop of Moray.[711]
Diocese of During the whole period of Alexander’s reign,
Glasgow restored his younger brother David was carrying out the
by Earl David. same policy in the southern districts of Scotland,
over which he ruled as earl. In the year 1113 he founded a
monastery at Selkirk, in which he placed Benedictine monks of the
order of Tyron; but his great work there was the reconstitution of the
bishopric of Glasgow. This diocese he restored about the year 1115,
and caused an inquisition to be made by the elders and wise men of
Cumbria into the lands and churches which formerly belonged to the
see of Glasgow. In this document, which has been preserved, and
which may be placed in the year 1120 or 1121, its framers relate the
foundation of the church of Glasgow by St. Kentigern, and that he
was succeeded by several bishops in the see; but that the confusion
and revolutions of the country at length destroyed all traces of the
church, and almost of Christianity, till the restoration of the bishopric
by Earl David, and the election and consecration of John, who had
been his tutor, and is commonly called the first bishop of Glasgow.
The bishopric, as reconstituted after the information derived from this
inquisition, extended from the Clyde on the north to the Solway Firth
and the march with England on the south, and from the western
boundary of Lothian on the east to the river Urr on the west; and it
included Teviotdale, which had remained a part of the diocese of
Durham while the Lothian churches north of the Tweed were
transferred to St. Andrews, and which was now reclaimed as
properly belonging to Glasgow. Here we find no traces of the
Keledei, who had formerly formed the chapter of Glasgow; but in the
reign of Malcolm the Fourth the pope confirmed a constitution of the
dean and chapter, which had been introduced after the model of
Sarum by Herbert, elected bishop in 1147.[712] Here, too, the
foundation of the new bishopric of Glasgow brought upon him the
claims of the archbishop of York, which were equally resisted, and
the non-dependence of the diocese on any metropolitan bishop
established. The rights of York were, however, recognised in the
case of the bishopric of Candida Casa, likewise restored some years
later, when Gilda Aldan was appointed its first bishop, as this see
had been first established by the Anglic king of Northumbria in the
eighth century. Galloway, though civilly united to Scotland, was
considered ecclesiastically to belong to England, and its bishop
owed obedience as one of his suffragans to the archbishop of York,
by whom Gilda Aldan was consecrated soon after David’s accession
to the throne of Scotland.[713]
Bishoprics and Ailred of Rivaux, who was King David’s
monasteries contemporary, tells us of him that ‘he seemed not
founded by King undeservedly loved both by God and men. He
David.
was plainly beloved by God, for at the very outset
of his reign he diligently practised the things which belong to God in
erecting churches and founding monasteries, which he endowed
with possessions and covered with honours. For whereas he had
found in the whole kingdom of Scotland three or four bishops only,
the other churches, without a shepherd or bishop, going to wrack
and ruin in respect both of morals and substance; what with ancient
ones which he restored and new ones which he founded, he left nine
at his death. He left also monasteries of the Cluniac, Cistercian,
Tyronian orders (who were Benedictines), and the Arovensian,
Præmonstratensian, and Belvacensian (who were canons-regular
from Aroise, Prémontré, and Beauvais), not few in number or small
in size, but full of brethren.’[714] There is a catalogue of religious
houses at the end of Henry of Silgrave’s Chronicle, written about A.D.
1272, which belongs however to an earlier period, and does not
come down later than the reign of William the Lion; and from it alone
do we obtain any information as to the Keledean character of these
foundations.[715] The bishoprics which he found at his accession were
those of St. Andrews, Moray, and Dunkeld, to which Ailred, probably
with some hesitation, adds Glasgow. Galloway was not included, as
it properly belonged to England. We find no trace of Keledei in either
Glasgow or Moray; and the catalogue mentions only secular canons,
that is, the chapters established after their restoration. The greater
part of the new bishoprics which he added were founded in the first
few years of his reign; and he appears to have commenced his
proceedings by having Robert, bishop-elect of St. Andrews,
consecrated in 1128 by the archbishop of York, in the same manner
as Turgot had been consecrated, that is, reserving the rights of both
sees; and by completing the division of Scotland north of the great
range of the Mounth into separate sees.
Establishment of The first of these appears to have been the
bishopric of Ross. diocese of Rosemarky, or Ross. A charter
granted by King David to the monks of Dunfermline, between the
years 1128 and 1130, is witnessed by Robert bishop of St. Andrews,
who had now been consecrated, John bishop of Glasgow, Cormac
bishop of Dunkeld, and Gregory bishop of Moray—these are the four
bishoprics alluded to by Ailred—and there now appears as a witness
an additional bishop—Makbeth, bishop of Rosmarkyn, or
Rosemarky.[716] This church, as appears by its dedication, was
originally founded as a Columban monastery by Lugadius, or
Moluoc, abbot and bishop of Lismore, whose death is recorded in
577; but, as we have seen, Bonifacius refounded it in the eighth
century, and dedicated the church to St. Peter. Here he placed,
according to Wyntoun, secular canons, and we now find the canons
designated as Keledei in the catalogue of religious houses. The
chapter, however, was reconstituted early in the succeeding century,
when the term Keledei disappears, and instead there is a regular
cathedral body of canons under a dean.[717]
Establishment of The next bishopric established appears to have
bishopric of been that of Aberdeen, embracing the extensive
Aberdeen. districts between the Dee and the Spey, and
including the earldom of Mar and Buchan. The memorandum of the
charter by the Mormaer, or Earl, of Buchan, refounding the church of
Deer, which has been already referred to, in which Cormac, bishop
of Dunkeld, is mentioned, is witnessed by Nectan, bishop of
Aberdeen; and this is the earliest notice of that see. According to
Fordun, it succeeded an earlier see founded at Mortlach, on the
banks of the river Fiddich, which falls into the Spey, and therefore
not far from the western boundary of the diocese. Fordun gives the
following account of its foundation. After narrating a victory by King
Malcolm the Second over the Norwegian army in the north, he
proceeds:—‘In the seventh year of his reign Malcolm, thinking over
the manifold blessings continually bestowed upon him by God,
pondered anxiously in his mind what he should give Him in return. At
length, the grace of the Holy Ghost working within him, he set his
heart upon increasing the worship of God; so he established a new
episcopal see at Murthillach, not far from the spot where he had
overcome the Norwegians and gained the victory, and endowed it
with churches and the rents of many estates. He desired to extend
the territory of the diocese, so as to make it reach from the stream or
river called the Dee to the river Spey. To this see a holy man and one
worthy the office of bishop, named Beyn, was at the instance of the
king appointed, as first bishop, by our lord the Pope Benedict.’[718]
The church of Aberdeen appears, however, somewhat earlier to
have had a tradition that the see was originally founded at Mortlach,
and was transferred to Aberdeen by King David in the thirteenth year
of his reign; but the foundation of the church at Mortlach is ascribed
to Malcolm Canmore in the sixth year of his reign. This tradition is
contained in five charters, or memoranda of charters, prefixed to the
Chartulary of Aberdeen, and the interval between Beyn, the
supposed first bishop, and Nectan is filled up by Donercius, the
second bishop, and Cormauch, the third bishop.[719] That a bishopric
was founded there by Malcolm the Second is clearly at variance with
the undoubted fact that there was at that time but one bishop in
Scotland, whose seat was at St. Andrews, and who was termed the
Epscop Albain, or Episcopus Scottorum; and the five documents
which contain the Aberdeen tradition have been shown by the
learned editor of the Chartulary to be unquestionably spurious.[720]
The first authentic writ in that Chartulary is a bull by Pope Adrian IV.
in 1157, confirming to Edward, bishop of Aberdeen, the church of
Aberdeen, the church of St. Machar, with the town of Old Aberdeen
and other lands, in which are included the monastery of Cloveth and
the town and monastery of Murthillach, with five churches and the
lands belonging to them.[721] There is here no allusion to Murthillach
having been an episcopal see, the seat of which had been
transferred to Aberdeen. The designation of monastery points
unequivocally to these churches having been old Columban
monasteries; and accordingly we find that Murthillach was dedicated
to St. Moluoc, the founder of the churches of Lismore and
Rosemarky in the sixth century. Of the three bishops who are said to
have preceded Nectan, Beyn probably belongs to the Columban
period,[722] Donercius has all the appearance of a fictitious name, and
Cormauch is probably Cormac, bishop of Dunkeld, who, as we have
seen, appears in the charter in which Nectan is first mentioned as
having rights connected with the church of Deer, and who may have
possessed similar claims upon the monasteries of Cloveth and
Murthillach, as old Columban foundations, from which probably any
clerical element had by this time disappeared.
Monasteries of We fortunately now possess an invaluable
Deer and Turiff. record in the Book of Deer, which throws some
light upon two Columban foundations in the district of Buchan,
forming the north-eastern portion of the diocese of Aberdeen, as well
as upon the social organisation of the Celtic inhabitants of that
district. These are the monasteries of Deer and Turriff, the one
founded by St. Columba and placed under the care of his nephew
St. Drostan, the other founded by St. Comgan in the following
century; and the notices in the Book of Deer are peculiarly valuable,
as it shows these monasteries retaining their clerical element and
Celtic character unimpaired down to the reign of David I. It is here, if
anywhere, that we should expect to find, according to popular
notions, these Columban clergy bearing the name of Culdees; but
the term Cele De nowhere appears in this record in connection with
them. The peculiar value of this MS. consists in memoranda of grants
to the monastery of Deer, written in the Irish character and language
on blank pages or on the margins. These are in two handwritings.
The first contains notices of grants preceding the time of Gartnait,
Mormaer or Earl of Buchan, who lived in the earlier years of King
David’s reign. These are written on three blank pages at the end of
the MS. and on the margin of the first page. The second begins with
the grant by Gartnait refounding the church and dedicating it to St.
Peter, and is followed by a short notice of a grant, by the same earl,
which probably preceded it, as the grant is to Columcille and Drostan
alone, without mentioning St. Peter; and on the margin of the second
page, in the same handwriting, is a grant by Colban, the son-in-law
and successor of Gartnait. The scribe appears to have added to two
of the grants in the first handwriting the important statement that they
were made in freedom from Mormaer and Toisech to the day of
judgment, with ‘his blessing on every one who shall fulfil, and his
curse on every one who shall go against it.’ The second of the grants
by Earl Gartnait, which appears to have immediately preceded the
reconstitution of the church, is witnessed by ‘Gillecalline the sacart,
or priest, Feradach, son of Maelbhricin, and Maelgirc, son of Tralin,’
in whom we have probably the small society to which the clerics of
Deer had by this time been reduced, and which rendered a
refoundation necessary. As the grant refounding the church is
witnessed by the Ferleighinn, or man of learning, of Turbruad, or
Turriff, it is not a very violent supposition that he may have been the
scribe. The charter granted by King David towards the end of his
reign, declaring that the clerics of Deer shall be free from all lay
interference and exaction, as written in their book, shows that they
had become exposed to the encroachments of the laity and required
protection; and the foundation by William, earl of Buchan, of the
Cistercian abbey of Deer in the year 1219 seems to have brought to
a close its history as a Celtic monastery. The monastery of Turbruad,
or Turriff, appears also to have existed as a Celtic monastery at the
same time, and we have some incidental notices of it in the Book of
Deer. Domingart, Ferleighinn Turbruad, or ‘lector of Turriff,’
witnesses one of Earl Gartnait’s grants, and that by his successor
Colbain is witnessed by Cormac, Abb. Turbruad, or ‘abbot of Turriff;’
but it probably passed into lay hands before the end of David’s reign,
as his charter of confirmation is witnessed by ‘Cormac de Turbrud,’
or Cormac of Turriff, without any designation implying a clerical
character.[723] The charter by Cainnech, Mormaer or Earl of Buchan,
refounding the church of Deer, contains the last notice of Cormac
bishop of Dunkeld; and Gregorius, the bishop of Moray, appears to
have been translated to Dunkeld, as in a charter by David the First to
Dunfermline, granted before the death of his queen, Matilda, in 1130,
we find as witnesses Robert bishop of St. Andrews and Gregorius
bishop of Dunkeld; and along with them appears, for the first time,
Andreas bishop of Cataness, or Caithness.[724]
Establishment of This great district, which comprised both the
bishopric of modern counties of Caithness and Sutherland,
Caithness. and extended from the Dornoch to the Pentland
Firths, was at this time in the possession of the Norwegian earl of
Orkney; and, though he held the earldom of Caithness nominally
under the crown of Scotland, its connection with the Scottish
kingdom was as yet but a slight one. The erection of it into a diocese
and the appointment of a bishop by the king of Scotland could have
had little reality in them till they were accepted by the Norwegian
earl; and David appears to have provided his new bishop with the
means of supporting his position by conferring upon him the church
of the Holy Trinity at Dunkeld, with its possessions of Fordouin,
Dunmernoch, Bendacthin, or Bendochy, Cupermaccultin, Incheturfin
and Chethec, or Keithock. Towards the end of David’s reign Andrew
probably obtained a footing in Caithness, as he made over this
church to the monks of Dunfermline;[725] and we find his immediate
successors, John and Adam, living in Caithness, and claiming
certain subsidies from the people. The principal church of the
diocese was that of Dornoch, situated in the district of Sutherland, on
the north side of the Dornoch Firth. This church was dedicated to St.
Bar or Finbar, and his festival was held on the 25th of September.
This is the day of St. Bar or Finbar, bishop of Cork in the Irish
Calendar; but the legend given in the Aberdeen Breviary obviously
identifies him with St. Finbar of Maghbile, the preceptor and friend of
St. Columba, whose day in the Irish Calendar is the 10th of
September. There seems, therefore, to be some confusion between
the two, and it is more probable that it was, like Rosemarky, a
Columban foundation. The name of St. Duthac, to whom the church
of Tain on the opposite shore of the firth is dedicated, is connected
also with the church at Dornoch, where he is said to have performed
a miracle on St. Finbar’s day;[726] and in his time the Keledei may
have been introduced here, where we find them in the catalogue of
religious houses. In the year 1196 that portion of the earldom of
Caithness which lay between the Ord of Caithness and the Dornoch
Firth appears to have been taken from the Norwegian earl and
bestowed upon Hugh of Moray, of the then rising family of De
Moravia; and the appointment of another member of the family,
Gilbert de Moravia, soon after to the bishopric of Moray led to the
proper organisation of Dornoch as a cathedral. But the Culdees had
by this time disappeared, and the clerical element reduced, as was
usual, to a single priest; for his deed establishing a cathedral chapter
of ten canons, with the usual functionaries of dean, precentor,
chancellor, treasurer and archdeacon, proceeds on the narrative
‘that in the times of his predecessors there was but a single priest
ministering in the cathedral, both on account of the poverty of the
place and by reason of frequent hostilities; and that he desired to
extend the worship of God in that church, and resolved to build a
cathedral church at his own expense, to dedicate it to the Virgin
Mary, and, in proportion to his limited means, to make it
conventual.’[727]
The communities As far as we have gone, the Celtic Church
of Keledei appears mainly as dying out by internal decay,
superseded by and as being superseded by the bishoprics
regular canons.
founded in the earlier years of King David’s reign,
and the establishment of the ordinary cathedral staff of canons with
their dean and other functionaries. We have now arrived at that
period of David’s reign when an active war against the Culdee
establishments commenced, and every effort was made to suppress
them entirely, and when the process of internal decay was
accompanied by a course of external aggression which we must now
follow as it rolled from St. Andrews, into whose hands their fate was
committed, westward, till it finally reached the far shores of the island
of Iona.
Suppression of In the year 1144, Robert, bishop of St.
Keledei of St. Andrews, who had been prior of the monastery of
Andrews. regular canons of St. Augustine at Scone,
founded a priory for the same canons at St. Andrews, and, besides
various lands, granted to them two of the seven portions of the
altarage of St. Andrews, which then belonged to lay persons, and
likewise the hospital of St. Andrews, with the portion which belonged
to it; and this grant was confirmed in the same year by the pope
Lucius II. The object of this foundation evidently was that it should in
time supersede the Culdees. Accordingly, in the same year King
David grants a charter to the prior and canons of St. Andrews, in
which he provides that they shall receive the Keledei of Kilrimont into
the canonry, with all their possessions and revenues, if they are
willing to become canons-regular; but, if they refuse, those who are
now alive are to retain them during their lives, and, after their death,
as many canons-regular are to be instituted in the church of St.
Andrews as there are now Keledei, and all their possessions are to
be appropriated to the use of the canons. Three years later Pope
Eugenius III., by a bull directed to the prior of St. Andrews, deprived
the Keledei of their right to elect the bishop, and conferred it upon
the prior and canons of St. Andrews, and at the same time decreed
that, as the Keledei died out, their places were to be filled up by
canons-regular. The Keledei appear to have resisted these changes,
and to have continued to assert their right to participate in the
election of the bishop, as the decree depriving them of it was
renewed from time to time by subsequent popes down to the year
1248. About the year 1156, Robert, bishop of St. Andrews, granted
to the prior and brethren of St. Andrews the whole of the portions of
the altarage, with the exception of the seventh, which belongs to the
bishop, thus adding three more later to the three portions they
already possessed; and six years later Bishop Arnald gave the whole
of the altarage, which was divided into seven portions, and had been
held by seven persons not living a conventual life, to the canons
professing a regular life and living in community.[728] Of the two
bodies into which the community of St. Andrews had been divided,
that one which had passed, with the exception of the bishop’s share,
into the hands of secular persons, thus came to be represented by
the priory of regular canons. In 1220 we find a bull by Pope Honorius
III. requiring the legate of the apostolic see to inquire into a dispute
between the Prior and convent of St. Andrews on the one hand, and
the Bishop and those clerics of St. Andrews who are commonly
called Keledei on the other, in regard to their respective possessions.
The Keledean community at St. Andrews now appears under the
name of the Provost and Keledei of the Church of St. Mary; and they
are so designated in a document connected with the controversy
between the prior and convent of St. Andrews and the provost of the
church of St. Mary of St. Andrews and the Keledei living there as
canons and their vicars;[729] and in the same year there is a bull by
Pope Innocent the Fourth to the prior and canons, who are now
termed the Chapter of St. Andrews in Scotland of the order of St.
Augustine, which narrates that it had been ordained by his
predecessors that, on the decease of the Keledei, their place should
be filled up by canons-regular, and their prebends and possessions
made over for their use; but that, the prebend of Gilbert the Keledeus
having become vacant, the Keledei refused to give it up or to allow a
regular canon to be introduced in his place, contrary to these
statutes; and it directed the Keledei to be excommunicated if they did
not obey them. Master Richard Vermont, Keledeus, appears on
behalf of the Keledei, and resigns the prebend, which is made over
to the canons. Three years later we find in another bull ‘the provost
and chapter of the Caledei of the church of St. Mary in the city of St.
Andrews’ still claiming to participate in the election of the bishop, and
supported by the archdeacon. In a subsequent bull, two years after,
addressed to the prior and chapter of the cathedral church of St.
Andrews of the order of St. Augustine, on the narrative that ‘two of
the Keledei of the church of Saint Mary of Kilrimont, who term
themselves canons,’ had been allowed to take part in the election of
a previous bishop, it is decreed, with consent of the Keledei, that this
shall not operate to their prejudice.[730] In the year 1258 they are
finally deprived of their parochial status as vicars of the parish
church of the Holy Trinity of St. Andrews.[731] It is evident from these
deeds that the Keledei asserted their claim to be considered as
canons, and did not submit without a struggle to be deprived of the
right of participating in the election of bishop, from which they are
finally excluded in the year 1273. We again find them in a document
in 1309, and the position which they had now come to occupy is
clearly defined. It is a decision given by Sir Thomas Randulph, the
guardian of Scotland north of the Firth of Forth, in a controversy
between the Keledei and the bishop regarding territorial jurisdiction,
in which he finds that ‘within the bounds of the district termed the
Boar’s Chase there are only three baronies, viz., the barony of the
bishop of St. Andrews, the barony of the prior of St. Andrews, and
the barony of the Keledei, and that these baronies with their
inhabitants are under the immediate jurisdiction of the bishop of St.
Andrews and of the church, and of no one else.’[732] While, therefore,