Local Customs and Common Laws : : Essays on the Law Governing Maritime Commerce in Sixteenth-Century Scotland / / J.D. Ford.

• Superior document: Early Modern History and Modern History E-Books Online, Collection 2024
• VerfasserIn: Ford, J.D.,
• Place / Publishing House: Leiden ;, Boston : : Brill | Nijhoff,, 2024.; ©2024
• Year of Publication: 2024
• Edition: 1st ed.
• Language: English
• Series: Early Modern History and Modern History E-Books Online, Collection 2024.; Legal History Library ; 67
• Physical Description: 1 online resource (416 pages)

Lawyers in Scotland in the later sixteenth century took a disproportionate interest in the law governing maritime commerce. Some essays in this collection consider their handling of the subject in treatises they wrote. Other essays, however, show that disputes relating to maritime trade were handled in a different way in the courts of the towns at which ships arrived. Further essays examine the relationship between these contrasting perspectives. Although the essays focus on the law governing maritime commerce in Scotland, they also contribute to a wider debate about the nature of maritime law in early-modern Europe.

Table of Contents

Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Preface -- Abbreviations -- Glossary -- Introduction -- 1 Overseas Trade and Maritime Jurisdiction in Sixteenth-Century Scotland -- 1 Overseas Trade in the Coastal Burghs -- 2 Maritime Jurisdiction in the Coastal Burghs -- 3 Maritime Jurisdiction in the Admiralty Courts -- 4 Maritime Jurisdiction in the Central Courts -- 5 Court Records in Historical Enquiry -- Part 1 Legal Customs -- 2 Telling Tales: Maritime Law in Aberdeen in the Early Sixteenth Century -- 1 Court Actions and Legal Remedies -- 2 Written Pleadings and Legal Reasoning -- 3 Maritime Practice and Legal Customs -- 4 Local Knowledge and Legal Cultures -- 5 Conclusion: Urban Discourse and Legal Constraints -- 3 Regulated Trade: Legislation and Litigation Relating to Charter Parties in Scotland during the Sixteenth Century -- 1 Legislation -- 2 Charter Parties -- 3 Language Games -- 4 Protestations -- 5 Speech Acts -- 6 Litigation -- 4 Legal Customs and Customary Laws: The Employment of Mariners in Scotland during the Sixteenth Century -- 1 Litigation between Masters and Mariners in the Burgh Courts -- 2 Litigation between Masters and Mariners in the Central Courts -- 3 Conclusion -- Part 2 Legal Treatises -- 5 James Balfour's Collection of Sea Laws -- 1 The Conception of Balfour's Practicks -- 2 The Compilation of Balfour's Practicks -- 3 The Compilation of Balfour's 'Sea Lawis' -- 4 The Conception of Balfour's 'Sea Lawis' -- 6 William Welwod's Treatises on Maritime Law -- 1 Analysis of the Four Treatises on Maritime Law -- 1.1 The Sea-Law of Scotland -- 1.2 An Abridgement of All Sea-Lawes -- 1.3 De dominio maris -- 1.4 MCL, PL2208 -- 2 Reconsideration of the Relationship between the Treatises -- 3 Contexts in Which the Treatises May Be Located -- 3.1 'A Reformation of the Justice within This Land'.

3.2 'Even for All the Coasts of Your Highnes Dominions' -- 3.3 'Upon the Conscience of My Profession of the Civill Lawe' -- 4 Conclusions -- 7 Legal Education and Legal Writing in Sixteenth-Century Scotland -- 1 Topical Invention of Sea Laws -- 2 Comparative History of Sea Laws -- 3 Traditional Enquiry into Sea Laws -- Part 3 Legal Regimes -- 8 Communities of Interest in Maritime Commerce in Sixteenth-Century Scotland -- 1 Joint Enterprise in Owning Ships -- 1.1 Sharing Ships in Practice -- 1.2 Sharing Ships in Theory -- 2 Joint Enterprise in Shipping Cargoes -- 2.1 Sharing Cargoes in Practice -- 2.2 Sharing Cargoes in Theory -- 3 Joint Enterprise in Making Voyages -- 3.1 Sharing Voyages in Practice -- 3.2 Sharing Voyages in Theory -- 9 General Average in Scotland during the Sixteenth Century -- 1 Scotting and Lotting in the Practice of Maritime Communities -- 2 Marrying Practice with Theory in Books Composed by Lawyers -- 3 Reconfiguring Maritime Practice in the Courts of the Admiral -- 10 The Law and Economy of Shipwreck in Scotland during the Sixteenth Century -- 1 The Right to 'Wrak' and the 'Auld Lawes' -- 2 The Confiscation of Wrecks and the Civil Law -- 3 The Salvaging of Wrecks and Forensic Custom -- 4 The Plundering of Wrecks and Popular Custom -- Conclusion -- 11 Concepts of Maritime Law in Sixteenth-Century Scotland -- 1 The Common Law of the Sea -- 2 The Common Law of Scotland -- 3 The Common Law of Europe -- Index.