Pettyfoggers, Regulation, and Local Courts in Early Modern Scotland

Scotland has long had local legal societies attached to inferior and local courts. These societies mirror the Faculty of Advocates and the Society of Writers to the Signet which sought to protect the interests of members of the College of Justice in Edinburgh. Local or ‘country’ procurators, for their own protection, sought to control admission to their societies ostensibly to ensure adequate standards but also, at least in some places, to discourage or prevent unfettered competition. Ethical standards amongst members of local bars were enforceable by the inferior judges and local procurators-fiscal. Ultimately, such enforcement was a matter for the supervisory jurisdiction of the central court and a number of instances demonstrate this jurisdiction in action particularly in the eighteenth century. Further general regulation, emanating from parliament, was much slower in coming and did not emerge until the nineteenth century a uniform structure and common qualifications began to be imposed. The aim of this article is to investigate the character and concerns of some of these local societies in the early modern period and to outline the process by which they became subject to central regulation.