159-818: The High Court of Justiciary ( Scottish Gaelic : Àrd-chùirt a' Cheartais ) is the supreme criminal court in Scotland . The High Court is both a trial court and a court of appeal . As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh , or in dedicated buildings in Glasgow and Aberdeen . The High Court sometimes sits in various smaller towns in Scotland, where it uses
318-511: A jury of fifteen individuals; in Scotland this is known as solemn proceedings . Under the Scottish legal system , the jury can convict on a majority verdict of at least eight jurors, and need not return a unanimous verdict. The Scottish legal system also permits a verdict of ' not proven ' as well as verdicts of 'guilty' or 'not guilty'. Juries may add a rider to their verdict as additional commentary on their verdict. The 'not proven' verdict
477-676: A life sentence but the sheriff has a limit of five years sentencing; both can issue an unlimited fine . As of October 2022, the Lord Justice General was Lord Carloway , and the Lord Justice Clerk was Lady Dorrian , and there were a total of 36 Lords Commissioners of Justiciary. The origins derive from the Justiciar and College of Justice , as well as from the medieval royal courts and barony courts . The medieval Justiciar (royal judge) took its name from
636-531: A solicitor . This was one case, along with Fraser v HM Advocate , that led the Scottish Government to raise concerns with HM Government that it appeared that "virtually any objection, challenge, or point of law can be characterised as a devolution issue", thus undermining the High Court's final jurisdiction in criminal matters. The Scotland Act 2012 modified provisions around devolution issues by no longer rendering null and void those actions of
795-442: A 19% fall in bilingual speakers between the 1911 and 1921 Censuses. Michelle MacLeod of Aberdeen University has said that there was no other period with such a high fall in the number of monolingual Gaelic speakers: "Gaelic speakers became increasingly the exception from that point forward with bilingualism replacing monolingualism as the norm for Gaelic speakers." The Linguistic Survey of Scotland (1949–1997) surveyed both
954-508: A Pictish substrate. In 1018, after the conquest of Lothian (theretofore part of England and inhabited predominantly by speakers of Northumbrian Old English ) by the Kingdom of Scotland , Gaelic reached its social, cultural, political, and geographic zenith. Colloquial speech in Scotland had been developing independently of that in Ireland since the eighth century. For the first time,
1113-458: A body, have the power to regulate criminal procedure in the criminal courts in Scotland: regulations can be made for the High Court, sheriff courts (summary and solemn procedures), and the justice of the peace courts. Such regulations are promulgated by Acts of Adjournal , which take the form of subordinate legislation as Scottish Statutory Instruments , under powers granted by Section 305 of
1272-587: A case is remitted, the High Court can treat the case as if it had been tried before a Lord Commissioner of Justiciary. Following the Criminal Appeal (Scotland) Act 1926 ( 16 & 17 Geo. 5 . c. 15), when the Scottish High Court of Justiciary hears criminal appeals, it is known as the Court of Criminal Appeal. The Criminal Appeal (Scotland) Act 1927 ( 17 & 18 Geo. 5 . c. 26) was passed
1431-524: A central feature of court life there. The semi-independent Lordship of the Isles in the Hebrides and western coastal mainland remained thoroughly Gaelic since the language's recovery there in the 12th century, providing a political foundation for cultural prestige down to the end of the 15th century. By the mid-14th century what eventually came to be called Scots (at that time termed Inglis ) emerged as
1590-823: A challenge to revitalization efforts which occur outside the home. Positive engagements between language learners and native speakers of Gaelic through mentorship has proven to be productive in socializing new learners into fluency. In the 2022 census, 3,551 people claimed Gaelic as their 'main language.' Of these, 1,761 (49.6%) were in Na h-Eileanan Siar, 682 (19.2%) were in Highland, 369 were in Glasgow City and 120 were in City of Edinburgh; no other council area had as many as 80 such respondents. Gaelic has long suffered from its lack of use in educational and administrative contexts and
1749-477: A civil war between himself and the nobility, led by his son. When James IV, who had governed sternly and suppressed the aristocrats, died in the Battle of Flodden, his wife Margaret Tudor, who had been nominated regent for their young son James V, was unseated by noble feuding, and James V's wife, Mary of Guise, succeeded in ruling Scotland during the regency for her young daughter Mary I only by dividing and conquering
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#17327797991921908-410: A compulsory retirement age of 75. The court is a unitary collegiate court, with all judges other than the Lord Justice General and the Lord Justice Clerk holding the same rank and title: Lord Commissioner of Justiciary . There are 36, in addition to a number of temporary judges; these temporary judges can be sheriffs principal , sheriffs , or advocates in private practice. The judges sit also in
2067-551: A dialect known as Canadian Gaelic has been spoken in Canada since the 18th century. In the 2021 census , 2,170 Canadian residents claimed knowledge of Scottish Gaelic, a decline from 3,980 speakers in the 2016 census . There exists a particular concentration of speakers in Nova Scotia , with historic communities in other parts of Canada having largely disappeared. Scottish Gaelic is classed as an indigenous language under
2226-489: A full range of language skills: speaking, understanding, reading and writing Gaelic. 40.2% of Scotland's Gaelic speakers said that they used Gaelic at home. To put this in context, the most common language spoken at home in Scotland after English and Scots is Polish, with about 1.1% of the population, or 54,000 people. The 2011 UK Census showed a total of 57,375 Gaelic speakers in Scotland (1.1% of population over three years old), of whom only 32,400 could also read and write
2385-603: A jury of 15 and a single Lord Commissioner of Justiciary; the jury can convict on a majority verdict. In some cases, such as the trial of Abdelbaset al-Megrahi and Lamin Khalifah Fhimah for the bombing of Pan Am Flight 103 , a trial can be heard by a bench of judges alone; sitting without a jury. As an appeal court the hearings are always without a jury, with two judges sitting to hear an appeal against sentence , and three judges sit to hear an appeal against conviction . The High Court will hear appeals from
2544-586: A language ideology at odds with revitalization efforts on behalf of new speakers, state policies (such as the Gaelic Language Act), and family members reclaiming their lost mother tongue. New learners of Gaelic often have a positive affective stance to their language learning, and connect this learning journey towards Gaelic language revitalization. The mismatch of these language ideologies, and differences in affective stance, has led to fewer speaking opportunities for adult language learners and therefore
2703-770: A member of the Scottish Government . Under the Scotland Act 1998 the Lord Advocate could do nothing that was incompatible with the European Convention on Human Rights, and should his actions be deemed incomparable then they were null and void . This led to the case of Cadder v HM Advocate where the Supreme Court of the United Kingdom ruled that the police in Scotland could not question a suspect without granting that person access to
2862-471: A middle-aged man, already 55, and unable to reign vigorously, a problem also faced by his son Robert III, who also ascended in middle age at 53 in 1390, and suffered lasting damage in a horse-riding accident. These two were followed by a series of regencies, caused by the youth of the succeeding five boy kings. Consequently, the Stewart era saw periods of royal inertia, during which the nobles usurped power from
3021-805: A national centre for Gaelic Language and Culture, based in Sleat , on the Isle of Skye . This institution is the only source for higher education which is conducted entirely in Scottish Gaelic. They offer courses for Gaelic learners from beginners into fluency. They also offer regular bachelors and graduate programs delivered entirely in Gaelic. Concerns have been raised around the fluency achieved by learners within these language programs because they are disconnected from vernacular speech communities. In regard to language revitalization planning efforts, many feel that
3180-463: A person could be bailed when accused of these of crimes on application of the Lord Advocate or by a decision of the High Court itself. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 did reintroduce restrictions on the granting of bail by requiring exceptional circumstances to be shown when a person is accused of violent, sexual, or drugs offences, and they have a prior conviction for
3339-549: A process of Gaelicisation (which may have begun generations earlier) was clearly under way during the reigns of Caustantín and his successors. By a certain point, probably during the 11th century, all the inhabitants of Alba had become fully Gaelicised Scots, and Pictish identity was forgotten. Bilingualism in Pictish and Gaelic, prior to the former's extinction, led to the presence of Pictish loanwords in Gaelic and syntactic influence which could be considered to constitute
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#17327797991923498-610: A proportion of Gaelic speakers greater than 65% (the highest value is in Barvas , Lewis , with 64.1%). In addition, no civil parish on mainland Scotland has a proportion of Gaelic speakers greater than 20% (the highest is in Ardnamurchan , Highland , with 19.3%). Out of a total of 871 civil parishes in Scotland, the proportion of Gaelic speakers exceeds 50% in seven parishes, 25% in 14 parishes, and 10% in 35 parishes. Decline in traditional areas has recently been balanced by growth in
3657-485: A similar offence. In Scotland, the focus is normally for those who are opposed to bail to convince the courts that bail should not be granted, with the procurator fiscal given guidance to use the nature and gravity of an offence as grounds to oppose bail. Following a conviction under solemn proceedings in a sheriff court , Section 195 of the Criminal Procedure (Scotland) Act 1995 allows a sheriff to remit
3816-415: A single Lord Commissioner of Justiciary. The High Court can then make a determination on that issue, or it can refer the matter to the Supreme Court of the United Kingdom. The High Court of Justiciary has the final authority on matters of criminal law in Scotland, and thus no appeal beyond the High Court is possible on the grounds of sentence or conviction. However, it is possible to refer a point of law to
3975-536: A situation where new learners struggle to find opportunities to speak Gaelic with fluent speakers. Affect is the way people feel about something, or the emotional response to a particular situation or experience. For Gaelic speakers, there is a conditioned and socialized negative affect through a long history of negative Scottish media portrayal and public disrespect, state mandated restrictions on Gaelic usage, and highland clearances . This negative affect towards speaking openly with non-native Gaelic speakers has led to
4134-403: A succession crisis. With her death, the descent of William I became extinct and there was no obvious heir. Thirteen candidates presented themselves; the most prominent were John Balliol , great-grandson of William I's younger brother David of Huntingdon, and Robert de Brus, 5th Lord of Annandale , grandson of David of Huntingdon. The Scottish magnates invited Edward I of England to arbitrate
4293-625: A translation of the New Testament. In 1798, four tracts in Gaelic were published by the Society for Propagating the Gospel at Home, with 5,000 copies of each printed. Other publications followed, with a full Gaelic Bible in 1801. The influential and effective Gaelic Schools Society was founded in 1811. Their purpose was to teach Gaels to read the Bible in their own language. In the first quarter of
4452-487: A young child, who inherited the throne in 1286. A set of guardians were appointed to rule Scotland in her absence since she was living in Norway where her father Eric II was king. She was finally sent to Scotland in 1290 but died before arriving in Scotland. The next king of Scots was not determined until completion of an arbitration in 1292. The death of Margaret of Norway began a two-year interregnum in Scotland caused by
4611-490: Is a significant step forward for the recognition of Gaelic both at home and abroad and I look forward to addressing the council in Gaelic very soon. Seeing Gaelic spoken in such a forum raises the profile of the language as we drive forward our commitment to creating a new generation of Gaelic speakers in Scotland." Bilingual road signs, street names, business and advertisement signage (in both Gaelic and English) are gradually being introduced throughout Gaelic-speaking regions in
4770-411: Is no evidence that Gaelic was ever widely spoken. Many historians mark the reign of King Malcolm Canmore ( Malcolm III ) between 1058 and 1093 as the beginning of Gaelic's eclipse in Scotland. His wife Margaret of Wessex spoke no Gaelic, gave her children Anglo-Saxon rather than Gaelic names, and brought many English bishops, priests, and monastics to Scotland. When Malcolm and Margaret died in 1093,
4929-453: Is of the same consequence as 'not guilty', though there remains some confusion and disagreement over the meaning of either verdict. If eight jurors cannot agree on an accused's guilt or on an alternative verdict , then the accused will be acquitted . Cases in the High Court are prosecuted in the public interest by the Lord Advocate , who is usually represented in such cases by Advocates Depute . A private prosecution can be brought before
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5088-608: Is the Lord Justice General ; the second most senior judge is the Lord Justice Clerk ; and a further 35 Senators of the College of Justice hold office as Lords Commissioners of Justiciary. The total numbers of judges is fixed by Section 1 of the Court of Session Act 1988, subject to amendment by Order in Council (the last order was made in 2022 and increased the number of judges to 36.) Judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to
5247-545: Is the Lord and Father of all Mercies; and out of all my lands and empire I shall be careful to root out all Heresy and Enemies to the true Worship of God, that shall be convicted by the true Kirk of God of the foresaid Crimes; and these Things above-written I faithfully affirm by my solemn Oath. The coronation oath sworn by William II , Mary II and Anne was approved by the Parliament of Scotland on 18 April 1689. The oath
5406-541: The Aberdeen Student Law Review in 2010, identified that the Union of England and Scotland saw an increase in references to English law and cases in the reports of the High Court. However, Scullion identified that it was only in the latter half of the 20th century that the judgments of the High Court were directly influenced by English decisions and precedent . The High Court of Justiciary remained
5565-586: The Advocate General for Scotland , noted that this notionally placed an English court in a position of superiority to the High Court. In May 2013, the Supreme Court's guidance on its jurisdiction over Scottish appeals stated that: The changes to the Supreme Court’s jurisdiction....in Scottish criminal cases as a result of the Scotland Act 2012...ensured that the High Court of Justiciary retained
5724-690: The Celtic branch of the Indo-European language family ) native to the Gaels of Scotland . As a Goidelic language, Scottish Gaelic, as well as both Irish and Manx , developed out of Old Irish . It became a distinct spoken language sometime in the 13th century in the Middle Irish period, although a common literary language was shared by the Gaels of both Ireland and Scotland until well into
5883-585: The College of Justice was founded, separating civil and criminal jurisdiction between two distinct courts. The King's Court was, however, normally the responsibility of the Justiciar. The Justiciar normally appointed several deputes to assist in the administration of justice, and to preside in his absence. A legally qualified clerk advised the Justiciar and his deputes as they were generally noblemen and often not legally qualified . This clerk prepared all
6042-606: The Court of Session , where they are known as Lords of Council and Session ; in the Court of Session the Lord Justice General is called the Lord President of the Court of Session . Scottish Gaelic language Scottish Gaelic ( / ˈ ɡ æ l ɪ k / , GAL -ik ; endonym : Gàidhlig [ˈkaːlɪkʲ] ), also known as Scots Gaelic or simply Gaelic , is a Goidelic language (in
6201-837: The European Charter for Regional or Minority Languages , which the UK Government has ratified, and the Gaelic Language (Scotland) Act 2005 established a language-development body, Bòrd na Gàidhlig . The Scottish Parliament is considering a Scottish Languages Bill which proposes to give the Gaelic and Scots languages official status in Scotland. Aside from "Scottish Gaelic", the language may also be referred to simply as "Gaelic", pronounced / ˈ ɡ æ l ɪ k / GAL -ik in English . However, "Gaelic" / ˈ ɡ eɪ l ɪ k / GAY -lik also refers to
6360-602: The House of Commons was appointed to investigate the remuneration and working conditions of the Lords of Session and Lords Commissioners of Justiciary. The Select Committee recommended that all the Lords of Session should be made Lords Commissioners of Justiciary and that the additional allowance be abolished. At the same time the Committee recommended that the basic salary of a Senator be increased to £ 3,000. The membership of
6519-634: The Kingdom of England and the Kingdom of Scotland to form a united Kingdom of Great Britain . Scotland and England had shared a common monarch since the Union of the Crowns in 1603 when the Scottish king James VI succeeded to the English throne. Although described as a Union of Crowns, before the Acts of Union of 1707, the crowns of the two separate kingdoms had rested on the same head. Three unsuccessful attempts (in 1606, 1667, and 1689) were made to unite
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6678-555: The Outer Hebrides , accommodation ethics exist amongst native or local Gaelic speakers when engaging with new learners or non-locals. Accommodation ethics, or ethics of accommodation, is a social practice where local or native speakers of Gaelic shift to speaking English when in the presence of non-Gaelic speakers out of a sense of courtesy or politeness. This accommodation ethic persists even in situations where new learners attempt to speak Gaelic with native speakers. This creates
6837-610: The Scottish Criminal Cases Review Commission . Leave to appeal is granted by a Lord Commissioner of Justiciary in chambers under sections 106 and 107 of the Criminal Procedure (Scotland) Act 1995 when a person is convicted in solemn procedure in either the High Court or sheriff courts , with the High Court sitting as the Appeal Court. Appeals against convictions or sentence in summary procedure heard in sheriff courts and justice of
6996-688: The Scottish Lowlands . Between the 2001 and 2011 censuses, the number of Gaelic speakers rose in nineteen of the country's 32 council areas. The largest absolute gains were in Aberdeenshire (+526), North Lanarkshire (+305), the Aberdeen City council area (+216), and East Ayrshire (+208). The largest relative gains were in Aberdeenshire (+0.19%), East Ayrshire (+0.18%), Moray (+0.16%), and Orkney (+0.13%). In 2018,
7155-632: The Scottish Restoration , the Stuarts became Kings of Scotland once more but Scotland's rights were not respected. During the reign of Charles II, the Scottish Parliament was dissolved and James was appointed Governor of Scotland. James II himself became James VII in 1685. His Catholicism was not tolerated, and he was driven out of England after three years. In his place came his daughter Mary and her husband William of Orange,
7314-628: The Supreme Court of the United Kingdom relating to human rights compatibility issues or relating to devolution issues . Devolution issues are concerned with the legislative competence of the Scottish Parliament and the executive functions of the Scottish Government under the Scotland Act 1998 . Such referrals are made to the Supreme Court of the United Kingdom under Schedule 6 of the Scotland Act 1998 or Section 288A of
7473-648: The indictments and was keeper of the records. Eventually the influence of the clerk increased until the clerk gained both a vote in the court, and a seat on the bench as the Justice-Clerk . The High Court in its modern form was founded in 1672 by the Courts Act 1672 , when five of the Lords of Session (judges of the Court of Session ) were added as permanent judges of the Justice Court . Previously
7632-564: The sheriff court ). As a court of first instance the court sits regularly in various places in Scotland, with permanent seats in Edinburgh, Glasgow and Aberdeen. There are sittings when required in Dumbarton , Lanark , Livingston , Paisley and Stirling . Trials in the High Court are usually jury trials , with a single Lord Commissioner of Justiciary presiding (although two or more judges may sit in important or difficult cases) with
7791-528: The sheriff courts of Scotland where the trial was under solemn proceedings ; the High Court will also hear referrals on points of law from the Sheriff Appeal Court , and from summary proceedings in the sheriff courts and justice of the peace courts . Cases can be remitted to the High Court by the sheriff courts after conviction for sentencing , where a sheriff believes that their sentencing powers are inadequate. The High Court can impose
7950-786: The significant increase in pupils in Gaelic-medium education since that time is unknown. Gaelic Medium Education is one of the primary ways that the Scottish Government is addressing Gaelic language shift. Along with the Bòrd na Gàidhlig policies, preschool and daycare environments are also being used to create more opportunities for intergenerational language transmission in the Outer Hebrides. However, revitalization efforts are not unified within Scotland or Nova Scotia, Canada. One can attend Sabhal Mòr Ostaig ,
8109-485: The uncrowned king of Scotland, although this claim gained no international recognition. The Scottish coronation oath sworn by James VI , Charles I , and Charles II and approved by the Parliament of Scotland in 1567: I, N.N., promise faithfully, in the presence of the eternal, my God, that I, enduring the whole Course of my Life, shall serve the same Eternal, my God, to the utmost of my Power, accordingly as he required in his most Holy Word, revealed and contained in
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#17327797991928268-421: The 17th century. Most of modern Scotland was once Gaelic-speaking, as evidenced especially by Gaelic-language place names. In the 2011 census of Scotland , 57,375 people (1.1% of the Scottish population aged over three years old) reported being able to speak Gaelic, 1,275 fewer than in 2001. The highest percentages of Gaelic speakers were in the Outer Hebrides . Nevertheless, there is a language revival , and
8427-437: The 19th century, the SSPCK (despite their anti-Gaelic attitude in prior years) and the British and Foreign Bible Society distributed 60,000 Gaelic Bibles and 80,000 New Testaments. It is estimated that this overall schooling and publishing effort gave about 300,000 people in the Highlands some basic literacy. Very few European languages have made the transition to a modern literary language without an early modern translation of
8586-404: The 2011 Census. The 2011 total population figure comes from table KS101SC. The numbers of Gaelic speakers relate to the numbers aged 3 and over, and the percentages are calculated using those and the number of the total population aged 3 and over. Across the whole of Scotland, the 2011 census showed that 25,000 people (0.49% of the population) used Gaelic at home. Of these, 63.3% said that they had
8745-407: The 4th–5th centuries CE, by settlers from Ireland who founded the Gaelic kingdom of Dál Riata on Scotland's west coast in present-day Argyll . An alternative view has been voiced by archaeologist Ewan Campbell , who has argued that the putative migration or takeover is not reflected in archaeological or placename data (as pointed out earlier by Leslie Alcock ). Campbell has also questioned
8904-494: The Bible; the lack of a well known translation may have contributed to the decline of Scottish Gaelic. Counterintuitively, access to schooling in Gaelic increased knowledge of English. In 1829, the Gaelic Schools Society reported that parents were unconcerned about their children learning Gaelic, but were anxious to have them taught English. The SSPCK also found Highlanders to have significant prejudice against Gaelic. T. M. Devine attributes this to an association between English and
9063-417: The Civil War. The resultant conflict lasted eight years and ended in his execution. The English Parliament then decreed their monarchy to be at an end. The Scots Parliament, after some deliberation, broke their links with England and declared that Charles II , son, and heir of Charles I, would become King. He ruled until 1651 when the armies of Oliver Cromwell occupied Scotland and drove him into exile. With
9222-411: The Criminal Procedure (Scotland) Act 1995, which stated: ...every interlocutor and sentence pronounced by the High Court under this Part of this Act shall be final and conclusive and not subject to review by any court whatsoever... Scottish devolution and the establishment of the Scottish Parliament by the Scotland Act 1998 introduced the right to refer points of law to the Judicial Committee of
9381-416: The Criminal Procedure (Scotland) Act 1995. For a referral to proceed permission must be granted by two or more Lords Commissioners of Justiciary, or by the Supreme Court itself. The most frequent devolution issues raised related to Article 6 of the European Convention on Human Rights , which mandates the right to a fair trial , and the role of the Lord Advocate who is both the chief public prosecutor and
9540-634: The Criminal Procedure (Scotland) Act 1995. Schedule 6 of the Scotland Act 1998 also grants that Acts of Adjournal can be used to regulate the procedure for referring a question of law relating to a devolution issue to either the High Court or the Supreme Court of the United Kingdom . Section 305 of the 1995 Act states: (1) The High Court may by Act of Adjournal— (2) The High Court may by Act of Adjournal modify, amend or repeal any enactment (including an enactment in this Act) in so far as that enactment relates to matters with respect to which an Act of Adjournal may be made under subsection (1) above... Thus
9699-498: The EU's institutions. The Scottish government had to pay for the translation from Gaelic to other European languages . The deal was received positively in Scotland; Secretary of State for Scotland Jim Murphy said the move was a strong sign of the UK government's support for Gaelic. He said; "Allowing Gaelic speakers to communicate with European institutions in their mother tongue is a progressive step forward and one which should be welcomed". Culture Minister Mike Russell said; "this
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#17327797991929858-434: The English invaded once again. Bruce returned a year later and gained support for his cause. His energy, and the corresponding replacement of the vigorous Edward I with his weaker son Edward II in 1307, allowed Scotland to free itself from English rule. At the Battle of Bannockburn in 1314, the Scots routed the English, and by 1328 the English had agreed by treaty to accept Scottish independence. Robert's son, David, acceded to
10017-433: The English queen Elizabeth I. Upon her abdication, her son, fathered by Henry, Lord Darnley , a junior member of the Stewart family, became King as James VI . James VI became King of England and Ireland as James I in 1603 when his cousin Elizabeth I died. Thereafter, although the two crowns of England and Scotland remained separate, the monarchy was based chiefly in England. Charles I , James's son, found himself faced with
10176-405: The English. Bruce and his supporters had murdered their rival to the throne of Scotland, John Comyn , Lord of Badenoch , on 10 February 1306 at Greyfriars Church in Dumfries . Shortly after in 1306, Robert was crowned King of Scots at Scone. Robert Bruce was then hunted down for his crime of murder, and subsequently, he escaped to the outskirt islands, leaving the country completely leaderless, and
10335-484: The Forth–Clyde line and along the northeastern coastal plain as far north as Moray. Norman French completely displaced Gaelic at court. The establishment of royal burghs throughout the same area, particularly under David I , attracted large numbers of foreigners speaking Old English. This was the beginning of Gaelic's status as a predominantly rural language in Scotland. Clan chiefs in the northern and western parts of Scotland continued to support Gaelic bards who remained
10494-415: The Gaelic Act falls so far short of the status accorded to Welsh that one would be foolish or naïve to believe that any substantial change will occur in the fortunes of the language as a result of Bòrd na Gàidhlig 's efforts. On 10 December 2008, to celebrate the 60th anniversary of the Universal Declaration of Human Rights , the Scottish Human Rights Commission had the UDHR translated into Gaelic for
10653-582: The Gaelic aristocracy rejected their anglicised sons and instead backed Malcolm's brother Domnall Bán ( Donald III ). Donald had spent 17 years in Gaelic Ireland and his power base was in the thoroughly Gaelic west of Scotland. He was the last Scottish monarch to be buried on Iona , the traditional burial place of the Gaelic Kings of Dàl Riada and the Kingdom of Alba. However, during the reigns of Malcolm Canmore's sons, Edgar, Alexander I and David I (their successive reigns lasting 1097–1153), Anglo-Norman names and practices spread throughout Scotland south of
10812-446: The High Court is the Lord Justice General , who holds office ex officio by virtue of being Lord President of the Court of Session , and his depute is the Lord Justice Clerk . The remaining judges are the Lords Commissioners of Justiciary , who hold office ex officio by virtue of being appointed as Senators of the College of Justice and judges of the Court of Session . As a court of first instance trials are usually heard with
10971-426: The High Court of Justiciary (sitting at first instance) and sheriff courts sitting in solemn procedure ; with appeals, with leave, on questions of law are heard from the Sheriff Appeal Court . Appeals against sentence or conviction in summary proceedings before the sheriff courts or justice of the peace courts are heard before the Sheriff Appeal Court. The High Court also hears appeals in cases referred to it by
11130-423: The High Court of Justiciary Order 1998, an Order in Council . The order empowered the Lord Justice Clerk to appoint three Lords Commissioners of Justiciary to sit as bench trial as both trier of fact and for determining any points of law . The High Court had full authority to determine contempt of court relating to the proceedings. Following the conviction, which was upheld on appeal of Abdelbaset al-Megrahi,
11289-475: The High Court, but this is very rare and difficult as it requires the concurrence of the Lord Advocate and for the High Court to issue a bill for criminal letters . When families of the victims of the 2014 Glasgow bin lorry crash applied for such a bill, their request was denied by the High Court in 2016 on the basis that there was insufficient evidence. The Lord Justice Clerk, Lady Dorrian , along with Lord Menzies and Lord Drummond Young further concluded that
11448-564: The Highland and Island region. In 1616, the Privy Council proclaimed that schools teaching in English should be established. Gaelic was seen, at this time, as one of the causes of the instability of the region. It was also associated with Catholicism. The Society in Scotland for the Propagation of Christian Knowledge (SSPCK) was founded in 1709. They met in 1716, immediately after the failed Jacobite rising of 1715 , to consider
11607-473: The Highlands and Islands, including Argyll. In many cases, this has simply meant re-adopting the traditional spelling of a name (such as Ràtagan or Loch Ailleart rather than the anglicised forms Ratagan or Lochailort respectively). Some monolingual Gaelic road signs, particularly direction signs, are used on the Outer Hebrides , where a majority of the population can have a working knowledge of
11766-576: The House of Bruce came to an end. Edward Balliol was the son of King John Balliol , who had himself ruled for four years following his election in the Great Cause . Following his abdication, John Balliol lived out his life in obscurity in Picardy , France. During the minority of David II, Edward Balliol seized the opportunity to assert his claim to the throne, and backed by the English, he defeated
11925-634: The House of Lords resolved that there could be no appeal from the High Court, as no right of appeal had existed beyond the Court beyond the Treaty of Union. The Court of Session Act 1830 united the offices of Lord President of the Court of Session and Lord Justice General, with the person appointed as Lord President assuming the office of Lord Justice General ex officio . In 1834 the five Lords of Session who were appointed as Lords Commissioners of Justiciary were paid an additional allowance of £ 600 over their basic salary of £ 2,000. A Select Committee of
12084-726: The Inner Hebridean dialects of Tiree and Islay, and even a few native speakers from Western Highland areas including Wester Ross , northwest Sutherland , Lochaber and Argyll . Dialects on both sides of the Straits of Moyle (the North Channel ) linking Scottish Gaelic with Irish are now extinct, though native speakers were still to be found on the Mull of Kintyre , on Rathlin and in North East Ireland as late as
12243-631: The Irish language ( Gaeilge ) and the Manx language ( Gaelg ). Scottish Gaelic is distinct from Scots , the Middle English -derived language which had come to be spoken in most of the Lowlands of Scotland by the early modern era . Prior to the 15th century, this language was known as Inglis ("English") by its own speakers, with Gaelic being called Scottis ("Scottish"). Beginning in
12402-699: The Kingdoms of England and Scotland were ended by their merging as the Kingdom of Great Britain. In 1715, a year after the death of his half-sister, Queen Anne, and the accession of their cousin George of Hanover, James landed in Scotland and attempted to claim the throne. He failed and was forced to flee back to the Continent. A second attempt by his son Charles, on behalf of his father, in 1745–6, also failed. Both James's children died without legitimate issue, bringing
12561-556: The Lord Advocate that were incompatible with the European Convention, but still allowing a right to appeal against those actions on grounds of incompatibility. The Supreme Court of the United Kingdom was established by the Constitutional Reform Act 2005 , and is the highest court in the United Kingdom for civil cases and those matters relating to human rights and devolution. Prior to the establishment of
12720-615: The Lord Justice General had appointed deputes to preside in the court. From 1672 to 1887, the High Court consisted of the Lord Justice General , Lord Justice Clerk , and five Lords of Session . The Court Act 1672 also gave statutory effect to the position of the Lord Justice Clerk, and the Lord Justice-General was made president of the Court, and the Justice-Clerk vice-president. During the period when
12879-428: The Lord Justice General, Lord Justice Clerk, and Lords Commissioners of Justiciary have the power to modify and amend primary legislation , where that primary legislation deals with a matter of criminal procedure. The Criminal Courts Rules Council on 8 February 2016 considered Section 288BA of the Criminal Procedure (Scotland) Act 1995 (which prescribes rules for dockets and indictments for sexual offences ) and asked
13038-590: The Lord President's Private Office to consider if this could be modified by Act of Adjournal. A draft Act of Adjournal was also prepared in 2011 to amend the 1995 Act as the Rules Council was awaiting primary legislation, and the Rules Council agreed to proceed with the Act of Adjournal. The Act of Adjournal amended the 1995 Act by adding Sections 75C and 137ZB to enable the court to discharge, vary and change
13197-604: The New and Old Testament ; and according to the same Word shall maintain the true Religion of Jesus Christ, the preaching of his Holy Word, and due and right administration of his Sacraments , now received and practised within this Realm; and shall abolish and oppose all false Religion contrary to the same; and shall rule the People committed to my Charge, according to the Will and Command of God, revealed in his foresaid Word, and according to
13356-661: The Privy Council . Such points of law related to human rights compatibility issues or related to devolution issues . Devolution issues are concerned with the legislative competence of the Scottish Parliament and the executive functions of the Scottish Government under the Scotland Act 1998 . From May 2000 until March 2002 the High Court of Justiciary sat as the Scottish Court in the Netherlands to try Abdelbaset al-Megrahi and Lamin Khalifah Fhimah for
13515-599: The Scottish Court in the Netherlands ceased to sit. Subsequent appeals were heard in Scotland. The jurisdiction of the Judicial Committee of the Privy Council in human rights and devolution issues was transferred to the Supreme Court of the United Kingdom by the Constitutional Reform Act 2005 . Such a transfer was not without controversy, as commentators, including the Law Society of Scotland and
13674-737: The Scottish parliament's assent, bribes, and payments. Thereafter, although monarchs continued to rule over the nation of Scotland, they did so first as monarchs of Great Britain , and from 1801 of the United Kingdom. The Acts of Union were twin Parliamentary Acts passed during 1706 and 1707 by the Parliament of England and the Parliament of Scotland , putting into effect the terms of the Treaty of Union , agreed on 22 July 1706, following prolonged negotiation between Queen Anne's Commissioners representing both parliaments. The Acts joined
13833-597: The Stuart family to an end. After 1807, the Jacobite claims passed first to the House of Savoy (1807–1840), then to the Modenese branch of the House of Habsburg-Lorraine (1840–1919), and finally to the House of Wittelsbach (since 1919). The current heir is Franz, Duke of Bavaria . Neither he nor any of his predecessors since 1807 have pursued their claim. In 1971, Ugandan President Idi Amin proclaimed himself to be
13992-612: The Supreme Court of the United Kingdom devolution issues were decided by the Judicial Committee of the Privy Council , whose members were the Lords of Appeal in Ordinary (who exercised the judicial functions of the House of Lords .) However, the two bodies were legally and constitutionally separate. The High Court of Justiciary as a Court, or the Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary as
14151-859: The Supreme Court, it is for the High Court to resolve the case. An issue can be referred to the Supreme Court either by the Lords Commissioners of Justiciary who are presiding, the Lord Advocate , or the Advocate General for Scotland. Though where two or more Lords Commissioners are presiding they may determine the human rights issue without referral to the Supreme Court. The High Court has jurisdiction over all crimes in Scotland unless restricted by statute. The High Court has exclusive jurisdiction over serious crimes such as treason , murder , and rape and, in practice, deals with armed robbery , drug trafficking , and sexual offences involving children (over which it shares jurisdiction with
14310-491: The UK Government as Welsh . With the advent of devolution , however, Scottish matters have begun to receive greater attention, and it achieved a degree of official recognition when the Gaelic Language (Scotland) Act was enacted by the Scottish Parliament on 21 April 2005. The key provisions of the Act are: After its creation, Bòrd na Gàidhlig required a Gaelic Language Plan from the Scottish Government. This plan
14469-826: The Western Isles (−1,745), Argyll & Bute (−694), and Highland (−634). The drop in Stornoway , the largest parish in the Western Isles by population, was especially acute, from 57.5% of the population in 1991 to 43.4% in 2011. The only parish outside the Western Isles over 40% Gaelic-speaking is Kilmuir in Northern Skye at 46%. The islands in the Inner Hebrides with significant percentages of Gaelic speakers are Tiree (38.3%), Raasay (30.4%), Skye (29.4%), Lismore (26.9%), Colonsay (20.2%), and Islay (19.0%). Today, no civil parish in Scotland has
14628-589: The Western Isles. The Scottish Qualifications Authority offer two streams of Gaelic examination across all levels of the syllabus: Gaelic for learners (equivalent to the modern foreign languages syllabus) and Gaelic for native speakers (equivalent to the English syllabus). An Comunn Gàidhealach performs assessment of spoken Gaelic, resulting in the issue of a Bronze Card, Silver Card or Gold Card. Syllabus details are available on An Comunn's website. These are not widely recognised as qualifications, but are required for those taking part in certain competitions at
14787-415: The ability to convene a bench of greater numbers of Lords Commissioners of Justiciary to overturn decisions and precedent established by previous appeals. Such a decision is made by the High Court on its own initiative. It is possible for the entire High Court to sit in determination of an appeal. In exceptional circumstances, a person may petition the Scottish Criminal Cases Review Commission , who have
14946-646: The accession of Queen Anne , daughter of James VII. Anne had multiple children but none of these survived her, leaving as her heir her half-brother, James, then living in exile in France. The English favored the Protestant Sophia of Hanover (a granddaughter of James VI) as heir. Many Scots preferred Prince James, who as a Stuart was a Scot by ancestry, and threatened to break the Union of Crowns between England and Scotland by choosing him for themselves. To preserve
15105-522: The age and reliability of the medieval historical sources speaking of a conquest. Instead, he has inferred that Argyll formed part of a common Q-Celtic -speaking area with Ireland, connected rather than divided by the sea, since the Iron Age. These arguments have been opposed by some scholars defending the early dating of the traditional accounts and arguing for other interpretations of the archaeological evidence. Regardless of how it came to be spoken in
15264-456: The annual mods . In October 2009, a new agreement allowed Scottish Gaelic to be formally used between Scottish Government ministers and European Union officials. The deal was signed by Britain's representative to the EU, Sir Kim Darroch , and the Scottish government . This did not give Scottish Gaelic official status in the EU but gave it the right to be a means of formal communications in
15423-459: The authority to refer an appeal back to the High Court of Justiciary, if the Commission determine that a miscarriage of justice has or might have occurred. Under Section 35 of the Scotland Act 2012, the High Court as an Appeal Court will also hear referrals on human rights compatibility issues from the Sheriff Appeal Court , sheriff courts , and from cases being heard at first-instance by
15582-532: The bill be strengthened, a revised bill was published; the main alteration was that the guidance of the Bòrd is now statutory (rather than advisory). In the committee stages in the Scottish Parliament, there was much debate over whether Gaelic should be given 'equal validity' with English. Due to executive concerns about resourcing implications if this wording was used, the Education Committee settled on
15741-534: The bombing of Pan Am Flight 103 . The Pan Am Flight 103 bombing trial required a treaty between the Government of the United Kingdom and Government of the Kingdom of the Netherlands which created extraterritoriality for the Scottish Court, with Camp Zeist in Utrecht (a disused United States Air Force base ) made a subject of Scots law . Legal effect was given to the treaty in the United Kingdom by
15900-465: The case did not present special circumstances to enable granting of the bill. Bail can be granted by the High Court to any accused person and "bail is to be granted to an accused person except where there is good reason for refusing bail." The Bail, Judicial Appointments etc. (Scotland) Act 2000, an Act of the Scottish Parliament , had removed the previous restrictions on bail that meant that murder and treason were not ordinarily bailable. However,
16059-400: The case to the High Court for sentencing, should the sheriff believes their powers of sentencing to be inadequate for the crime committed. A sheriff in solemn proceedings can impose a maximum sentence of up to 5 years imprisonment or an unlimited fine , and the High Court can impose a life sentence (unless a lesser maximum sentence is prescribed by statute) as well as an unlimited fine. Once
16218-625: The census of pupils in Scotland showed 520 students in publicly funded schools had Gaelic as the main language at home, an increase of 5% from 497 in 2014. During the same period, Gaelic medium education in Scotland has grown, with 4,343 pupils (6.3 per 1000) being educated in a Gaelic-immersion environment in 2018, up from 3,583 pupils (5.3 per 1000) in 2014. Data collected in 2007–2008 indicated that even among pupils enrolled in Gaelic medium schools, 81% of primary students and 74% of secondary students report using English more often than Gaelic when speaking with their mothers at home. The effect on this of
16377-568: The cities and professors of Celtic from universities who sought to preserve the language. The Education (Scotland) Act 1872 provided universal education in Scotland, but completely ignored Gaelic in its plans. The mechanism for supporting Gaelic through the Education Codes issued by the Scottish Education Department were steadily used to overcome this omission, with many concessions in place by 1918. However,
16536-631: The claims. He did so but forced the Scots to swear allegiance to him as overlord. Eventually, it was decided that John Balliol should become king. He proved weak and incapable and, in 1296, was forced to abdicate by Edward I who then attempted to annex Scotland into the Kingdom of England. c. 25 November 1314 Picardy , France John Balliol abdicated in March 1296. That same month Edward I invaded Scotland. The second set of guardians were appointed under Edward I who ruled from 1296 to 1306, until
16695-450: The concept of 'equal respect'. It is not clear what the legal force of this wording is. The Act was passed by the Scottish Parliament unanimously, with support from all sectors of the Scottish political spectrum, on 21 April 2005. Under the provisions of the Act, it will ultimately fall to BnG to secure the status of the Gaelic language as an official language of Scotland. Some commentators, such as Éamonn Ó Gribín (2006) argue that
16854-619: The court remained unchanged until 1887 when all of the Senators of the College of Justice were made Lords Commissioners of Justiciary, by the Criminal Procedure (Scotland) Act 1887 . Writing in 1896, Charles Pearson attested that no appeal was competent from the High Court to the House of Lords. The House of Lords made a final determination in the case of Mackintosh v. Lord Advocate (1876) 2 App. Cas. 41 that it had no jurisdiction over criminal appeals, as it had inherited
17013-446: The crown would alternate between the two, the death of a king from one branch often hastened by war or assassination by a pretender from the other. Malcolm II was the last king of the House of Alpin; in his reign, he successfully crushed all opposition to him and, having no sons, was able to pass the crown to his daughter's son, Duncan I, who inaugurated the House of Dunkeld. *Eochiad was a son of Run, King of Strathclyde, but his mother
17172-407: The crown, followed by periods of personal rule by the monarch, during which he or she would attempt to address the issues created by their minority and the long-term effects of previous reigns. Governing Scotland became increasingly difficult, as the powerful nobility became increasingly intractable. James I's attempts to curb the disorder of the realm ended in his assassination. James III was killed in
17331-499: The dialect of the Scottish Gaelic language, and also mixed use of English and Gaelic across the Highlands and Islands. Dialects of Lowland Gaelic have been defunct since the 18th century. Gaelic in the Eastern and Southern Scottish Highlands, although alive until the mid-20th century, is now largely defunct. Although modern Scottish Gaelic is dominated by the dialects of the Outer Hebrides and Isle of Skye, there remain some speakers of
17490-616: The diet (sittings) of a case. Members of the Faculty of Advocates , known as advocates or counsel , and as of 1990 also some solicitors , known as solicitor-advocates , have practically exclusive right of audience rights of audience in the court. Until 1990 only advocates had any right of audience before the High Court, but the Law Reform (Miscellaneous Provisions) (Scotland Act) 1990 allowed solicitors to apply for enhanced rights and become solicitor-advocates. The court's president
17649-472: The election of Robert the Bruce as the king of Scotland. For ten years, Scotland had no king. The Scots, however, refused to tolerate English rule. First William Wallace and Andrew Moray , then John Comyn, and finally Robert the Bruce (the grandson of the 1292 competitor, Robert de Brus, 5th Lord of Annandale who in turn was the grandson of David of Huntingdon, younger brother of William I ) fought against
17808-582: The entire region of modern-day Scotland was called Scotia in Latin, and Gaelic was the lingua Scotica . In southern Scotland , Gaelic was strong in Galloway , adjoining areas to the north and west, West Lothian , and parts of western Midlothian . It was spoken to a lesser degree in north Ayrshire , Renfrewshire , the Clyde Valley and eastern Dumfriesshire . In south-eastern Scotland, there
17967-422: The final authority on all matters of criminal law after the Act of Union, though the Parliament of Great Britain appears to have had appellate jurisdiction through the judicial functions of the House of Lords this appeared to have little effect in practice. In 1713 a case ( Magistrates of Elgin v. Ministers of Elgin ) was heard by the House of Lords which overturned a decision of the High Court. However, in 1781
18126-491: The first of Great Britain, although the kingdoms had shared a monarch since 1603 (see Union of the Crowns ). Her uncle Charles II was the last monarch to be crowned in Scotland, at Scone in 1651. He had a second coronation in England ten years later. The reign of Kenneth MacAlpin begins what is often called the House of Alpin , an entirely modern concept. The descendants of Kenneth MacAlpin were divided into two branches;
18285-560: The first time. However, given there are no longer any monolingual Gaelic speakers, following an appeal in the court case of Taylor v Haughney (1982), involving the status of Gaelic in judicial proceedings, the High Court ruled against a general right to use Gaelic in court proceedings. While the goal of the Gaelic Language Act was to aid in revitalization efforts through government mandated official language status,
18444-471: The following year specifically to deal with the Case of Oscar Slater . The court consists of at least three judges when hearing appeals against conviction and two when hearing appeals against sentence, although more judges may sit when the court is dealing with exceptionally difficult cases or those where important matters of law may be considered. This is known as a full bench . Appeals by right are heard from
18603-474: The forces of David's regency and was himself crowned king at Scone in 1332. He was quickly defeated by loyalist forces and sent back to England. With English support, he would mount two more attempts to seize the throne again, in 1333 and 1335, each time his actual control of the throne was brief before being sent back to England, for the last time in 1336. When David returned from exile in 1341 to rule in his own right, Edward lost most of his support. When David II
18762-479: The initiatives must come from within Gaelic speaking communities, be led by Gaelic speakers, and be designed to serve and increase fluency within the vernacular communities as the first and most viable resistance to total language shift from Gaelic to English. Currently, language policies are focused on creating new language speakers through education, instead of focused on how to strengthen intergenerational transmission within existing Gaelic speaking communities. In
18921-461: The justices who originally travelled around Scotland hearing cases on circuit or 'ayre'. From 1524, the Justiciar or a depute was required to have a "permanent base" in Edinburgh. The King of Scots sometimes sat in judgment of cases in the early King's Court, and it appears that appeals could be taken from the King's Court to the Parliament of Scotland in civil cases but not in criminal ones. In 1532
19080-419: The king, thereby passing the throne back to the House of Dunkeld. Grandson of Malcolm II (son of second daughter) Cousin of Duncan I In a series of battles between 1057 and 1058, Duncan's son Malcolm III defeated and killed Macbeth and Macbeth's stepson and heir Lulach, claiming the throne. The dynastic feuds did not end there: on Malcolm III's death in battle, his brother Donald III, known as "Bán", claimed
19239-502: The language. Compared with the 2001 Census, there has been a diminution of about 1300 people. This is the smallest drop between censuses since the Gaelic-language question was first asked in 1881. The Scottish government's language minister and Bòrd na Gàidhlig took this as evidence that Gaelic's long decline has slowed. The main stronghold of the language continues to be the Outer Hebrides ( Na h-Eileanan Siar ), where
19398-493: The language. These omit the English translation entirely. Bilingual railway station signs are now more frequent than they used to be. Practically all the stations in the Highland area use both English and Gaelic, and the use of bilingual station signs has become more frequent in the Lowlands of Scotland, including areas where Gaelic has not been spoken for a long time. List of Scottish monarchs The monarch of Scotland
19557-532: The late 15th century, it became increasingly common for such speakers to refer to Scottish Gaelic as Erse ("Irish") and the Lowland vernacular as Scottis . Today, Scottish Gaelic is recognised as a separate language from Irish, so the word Erse in reference to Scottish Gaelic is no longer used. Based on medieval traditional accounts and the apparent evidence from linguistic geography, Gaelic has been commonly believed to have been brought to Scotland, in
19716-545: The local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial , as the Scottish Court in the Netherlands . At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi . The president of
19875-861: The lovable Laws and Constitutions received in this Realm, in no way repugnant to the said Word of the Eternal, my God; and shall procure to my utmost to the Kirk of God and whole Christian people true and perfect Peace in all times coming; the Rights and Rents, with all just privileges of the Crown of Scotland, I shall preserve and keep inviolate, neither shall I transfer nor alienate the same; I shall forbid and repress in all Estates and all Degrees theft, Oppression and all kind of Wrong; in all Judgements, I shall command and procure that Justice and Equity be kept to all creatures without exception, as he be merciful to me and you that
20034-459: The members of Highland school boards tended to have anti-Gaelic attitudes and served as an obstacle to Gaelic education in the late 19th and early 20th century. Loss of life due to World War I and the 1919 sinking of the HMY Iolaire , combined with emigration, resulted in the 1910s seeing unprecedented damage to the use of Scottish Gaelic, with a 46% fall in monolingual speakers and
20193-734: The mid-20th century. Records of their speech show that Irish and Scottish Gaelic existed in a dialect chain with no clear language boundary. Some features of moribund dialects have been preserved in Nova Scotia, including the pronunciation of the broad or velarised l ( l̪ˠ ) as [w] , as in the Lochaber dialect. The Endangered Languages Project lists Gaelic's status as "threatened", with "20,000 to 30,000 active users". UNESCO classifies Gaelic as " definitely endangered ". The 1755–2001 figures are census data quoted by MacAulay. The 2011 Gaelic speakers figures come from table KS206SC of
20352-532: The modern era. Some of this was driven by policy decisions by government or other organisations, while some originated from social changes. In the last quarter of the 20th century, efforts began to encourage use of the language. The Statutes of Iona , enacted by James VI in 1609, was one piece of legislation that addressed, among other things, the Gaelic language. It required the heirs of clan chiefs to be educated in lowland, Protestant, English-speaking schools. James VI took several such measures to impose his rule on
20511-462: The noble factions, distributing French bribes with a liberal hand. Finally, Mary I, the daughter of James V, found herself unable to govern Scotland faced with the surliness of the aristocracy and the intransigence of the population, who favored Calvinism and disapproved of her Catholicism. She was forced to abdicate, and fled to England, where she was imprisoned in various castles and manor houses for eighteen years and finally executed for treason against
20670-434: The number of speakers of the language under age 20 did not decrease between the 2001 and 2011 censuses. In the 2022 census of Scotland , it was found that 2.5% of the Scottish population had some skills in Gaelic, or 130,161 persons. Of these, 69,701 people reported speaking the language, with a further 46,404 people reporting that they understood the language, but did not speak, read, or write in it. Outside of Scotland,
20829-572: The office of Lord Justice-General was held by noblemen the Lord Justice-Clerk was virtual head of the Justiciary Court. Article XIX of the Treaty of Union that united Scotland and England into Great Britain preserved the High Court of Justiciary, though now the High Court was subject to the Parliament of Great Britain which could enact "...regulations for the better administration of Justice". Dominic Scullion, writing in
20988-643: The official language of government and law. Scotland's emergent nationalism in the era following the conclusion of the Wars of Scottish Independence was organized using Scots as well. For example, the nation's great patriotic literature including John Barbour's The Brus (1375) and Blind Harry's The Wallace (before 1488) was written in Scots, not Gaelic. By the end of the 15th century, English/Scots speakers referred to Gaelic instead as 'Yrisch' or 'Erse', i.e. Irish and their own language as 'Scottis'. A steady shift away from Scottish Gaelic continued into and through
21147-459: The outcome of the act is distanced from the actual minority language communities. It helps to create visibility of the minority language in civil structures, but does not impact or address the lived experiences of the Gaelic speaker communities wherein the revitalization efforts may have a higher return of new Gaelic speakers. Efforts are being made to concentrate resources, language planning, and revitalization efforts towards vernacular communities in
21306-560: The overall proportion of speakers is 52.2%. Important pockets of the language also exist in the Highlands (5.4%) and in Argyll and Bute (4.0%) and Inverness (4.9%). The locality with the largest absolute number is Glasgow with 5,878 such persons, who make up over 10% of all of Scotland's Gaelic speakers. Gaelic continues to decline in its traditional heartland. Between 2001 and 2011, the absolute number of Gaelic speakers fell sharply in
21465-494: The peace courts are now heard by the Sheriff Appeal Court . However, referrals on points of law may be heard in the High Court from the Sheriff Appeal Court with the permission of the High Court. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction. The High Court of Justiciary sits as an appeal court in Edinburgh. The High Court, as a collegiate court, has
21624-595: The power of the Parliament of Scotland to hear civil appeals, but that the pre-union Parliament did not have any jurisdiction to hear criminal appeals. In 1913, Edwin Keedy , writing in the Journal of the American Institute of Criminal Law and Criminology , would affirm that the High Court "is the Supreme Court for the trial of criminal causes". The supremacy of the High Court was affirmed by Section 124 of
21783-422: The power ultimately to resolve cases once the Supreme Court has determined the legal question at issue Section 35 of the Scotland Act 2012 modified the procedure for referrals by removing the ability of the Supreme Court to determine the final judgment of the case; in essence a criminal case cannot be remitted to the Supreme Court. The Scotland Act 2012 requires that once the point of law has been decided upon by
21942-406: The prosperity of employment: the Highland economy relied greatly on seasonal migrant workers travelling outside the Gàidhealtachd . In 1863, an observer sympathetic to Gaelic stated that "knowledge of English is indispensable to any poor islander who wishes to learn a trade or to earn his bread beyond the limits of his native Isle". Generally, rather than Gaelic speakers, it was Celtic societies in
22101-401: The reform and civilisation of the Highlands, which they sought to achieve by teaching English and the Protestant religion. Initially, their teaching was entirely in English, but soon the impracticality of educating Gaelic-speaking children in this way gave rise to a modest concession: in 1723, teachers were allowed to translate English words in the Bible into Gaelic to aid comprehension, but there
22260-428: The region, Gaelic in Scotland was mostly confined to Dál Riata until the eighth century, when it began expanding into Pictish areas north of the Firth of Forth and the Firth of Clyde. During the reign of Caustantín mac Áeda (Constantine II, 900–943), outsiders began to refer to the region as the kingdom of Alba rather than as the kingdom of the Picts. However, though the Pictish language did not disappear suddenly,
22419-403: The ruler of the Dutch Republic. The two were accepted as monarchs of Scotland after a period of deliberation by the Scottish Parliament and ruled together as William II and Mary II. An attempt to establish a Scottish colonial empire through the Darien Scheme , in rivalry to that of England, failed, leaving the Scottish nobles who financed the venture for their profit bankrupt. This coincided with
22578-557: The said Word of the Eternal God; and shall procure, to the utmost of our power, to the Kirk of God, and whole Christian People, true and perfect Peace in all time coming. That we shall preserve and keep inviolated the Rights and Rents, with all just Privileges of the Crown of Scotland, neither shall we transfer nor alienate the same; that we shall forbid and repress in all Estates and Degrees, Reif, Oppression and all kind of Wrong. And we shall command and procure, that Justice and Equity in all Judgments be kept to all Persons without exception, us
22737-419: The terms are retained in both languages to this day. By the late 11th century at the very latest, Scottish kings were using the term rex Scottorum , or King of Scots, to refer to themselves in Latin. The Kingdom of Scotland was merged with the Kingdom of England to form a single Kingdom of Great Britain in 1707. Thus, Queen Anne became the last monarch of the ancient kingdoms of Scotland and England and
22896-418: The throne and ultimately, John Balliol succeeded. The status of Margaret, as a Scottish monarch is debated by historians. She was never crowned, and her contemporaries in Scotland described her as "queen" very rarely, referring to her instead as Scotland's "lady", "heir", or "lady and heir". On the other hand, documents issued from late 1286 no longer refer to the "king whosoever he may be", indicating that
23055-476: The throne as a child. The English renewed their war with Scotland, and David was forced to flee the kingdom by Edward Balliol , son of King John, who managed to get himself crowned (1332–1356) and to give away Scotland's southern counties to England before being driven out again. David spent much of his life in exile, first in freedom with his ally, France, and then in prison in England. He was only able to return to Scotland in 1357. Upon his death, childless, in 1371,
23214-407: The throne may have been regarded as already occupied by Margaret. In modern historiography she is nearly unanimously called "queen", and reference books give 19 March 1286, the date of Alexander III's death, as the start of her reign. The First Interregnum began upon the death of Alexander III of Scotland in 1286. Alexander's only surviving descendant was his granddaughter Margaret, Maid of Norway ,
23373-467: The throne, expelling Malcolm III's sons from Scotland. A civil war in the family ensued, with Donald III and Malcolm III's son Edmund opposed by Malcolm III's English-backed sons, led first by Duncan II and then by Edgar. Edgar triumphed, sending his uncle and brother to monasteries. After the reign of David I, the Scottish throne was passed according to rules of primogeniture , moving from father to son, or where not possible, brother to brother. Alexander III
23532-472: The true Religion of Christ Jesus, the preaching of his Holy Word, and the due and right Ministration of the Sacraments, now received and preached within the Realm of Scotland; and shall abolish and gainstand all false Religion contrary to the same, and shall rule the People committed to our Charge, according to the Will and Command of God, revealed in his aforesaid Word, and according to the laudable Laws and Constitutions received in this Realm, no ways repugnant to
23691-530: The two kingdoms by Acts of Parliament, but it was not until the early 18th century that the idea had the will of both political establishments to succeed, thereby bringing the two separate states together under a single parliament as well as a single monarch. James VII continued to claim the thrones of England, Scotland, and Ireland. When he died in 1701, his son James inherited his father's claims and called himself James VIII of Scotland and III of England and Ireland. He would continue to do so all his life, even after
23850-409: The union, the English elaborated a plan whereby the two Kingdoms of Scotland and England would merge into a single Kingdom, the Kingdom of Great Britain , ruled by a common monarch, and with a single Parliament. Both national parliaments agreed to this (the Scots albeit reluctantly, motivated primarily by the national finances), and some subterfuge as a total majority of signatories were needed to ratify
24009-442: Was a daughter of Kenneth I. Evidence of his reign is unclear. He may have never actually been king and if he was, he was co-king with Giric. ¤Amlaíb is known only by a reference to his death in 977, which reports him as King of Alba; since Kenneth II is known to have still been King in 972–973, Amlaíb must have taken power between 973 and 977. Duncan succeeded to the throne as the maternal grandson of Malcolm II. The House of Dunkeld
24168-399: Was accepted in 2008, and some of its main commitments were: identity (signs, corporate identity); communications (reception, telephone, mailings, public meetings, complaint procedures); publications (PR and media, websites); staffing (language learning, training, recruitment). Following a consultation period, in which the government received many submissions, the majority of which asked that
24327-412: Was as follows: WE William and Mary, King and Queen of Scotland, faithfully promise and swear, by this our solemn Oath, in presence of the Eternal God, that during the whole Course of our Life we will serve the same Eternal God, to the uttermost of our Power, according as he has required in his most Holy Word, revealed and contained in the New and Old Testament; and according to the same Word shall maintain
24486-406: Was captured in battle in 1346, Edward made one last attempt to seize the throne for himself but had little support and the campaign fizzled before it gained much traction. In 1356 he renounced all claims to the throne. Robert the Stewart was a grandson of Robert I by the latter's daughter, Marjorie. Having been born in 1316, he was older than his uncle, David II. Consequently, he was at his accession
24645-436: Was long suppressed. The UK government has ratified the European Charter for Regional or Minority Languages in respect of Gaelic. Gaelic, along with Irish and Welsh, is designated under Part III of the Charter, which requires the UK Government to take a range of concrete measures in the fields of education, justice, public administration, broadcasting and culture. It has not received the same degree of official recognition from
24804-459: Was no further permitted use. Other less prominent schools worked in the Highlands at the same time, also teaching in English. This process of anglicisation paused when evangelical preachers arrived in the Highlands, convinced that people should be able to read religious texts in their own language. The first well known translation of the Bible into Scottish Gaelic was made in 1767, when James Stuart of Killin and Dugald Buchanan of Rannoch produced
24963-421: Was the head of state of the Kingdom of Scotland . According to tradition, Kenneth I MacAlpin ( Cináed mac Ailpín ) was the founder and first King of the Kingdom of Scotland (although he never held the title historically, being King of the Picts instead). The Kingdom of the Picts just became known as the Kingdom of Alba in Scottish Gaelic , which later became known in Scots and English as Scotland ;
25122-405: Was the last ruler from the house of Dunkeld, and having no sons, the throne was inherited by his granddaughter Margaret, Maid of Norway . Margaret, Maid of Norway inherited the throne in 1286, but died in 1290 in Orkney on her way to be crowned. During her absence, Scotland was ruled by a set of guardians . After her death, Scotland entered a period of interregnum, where 13 contenders fought for
25281-468: Was therefore closely related to the House of Alpin. Duncan was killed in battle by Macbeth, another maternal grandson of Malcolm II. Macbeth came to power in 1040 after killing Duncan I in battle and had a long and relatively successful reign. Macbeth was a cousin of Duncan and was a maternal grandson of Malcolm II. In a series of battles between 1057 and 1058, Duncan's son Malcolm III defeated and killed Macbeth and Macbeth's stepson and heir Lulach and became
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