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The Procedure Of The Session

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Chapter Summary

This chapter sketches some of the main features of the procedure of the Session at the time of its reconstitution in 1532. Providing a picture of Scottish procedural law in this period allows an underlying question of more general relevance to be addressed, namely what was the relationship in Scotland between Romano-canonical procedure as a supra-national source of procedural law and the development of a native and localised ?style of court" or ?practick"? What the position by 1532 was? Addressing these questions assists in elaborating the wider framework within which to evaluate the content of Scottish procedural law. One theme of the chapter is an evaluation of Professor MacQueen's view that &t;the procedure used in the developing central courts at the end of the fifteenth century should be seen as less of a novelty and more as a continuation of an established, native tradition&t;.

Keywords: central courts; procedure of the Session; Professor MacQueen; Romano-canonical procedure; Scottish procedural law



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