The Aberdeen Registers: A Student Perspective

By Finn O’Neill, final year LLB student at the University of Aberdeen

Over the past academic year, I have had the good fortune to volunteer with the project ‘Law in the Aberdeen Council Registers: Concepts, Practices, Geographies, 1398-1511’ (LACR), under the supervision of Dr Claire Hawes. As a Law student at Aberdeen with a keen interest in both private law and legal history, the chance to utilise some of the earliest court records in Scotland was an opportunity not to be missed. The LACR project is transcribing the medieval registers in full, and has created a prototype web tool which makes them searchable. This is an excellent tool for the curious, as the scope of material contained in the records is vast and the time period is reasonably extensive.

My engagement with the registers started because the project asked me to help to test the web tool, by formulating queries based on my own research. As much of a degree in Scots law involves tracing the origins of legal principles through history in an attempt to understand their modern developments, I was more than happy to help. I used the web tool to search for things I had been studying relating to succession, leases and Scottish legal history. For example, a search for the word “tak”, the Middle Scots word for lease, brings up over 300 results which include cases of disputes over leases and show the vibrant development of a fundamental part of Scots law.

One of my research points had been to try to find the earliest usage of the Leases Act of 1449 in Aberdeen. The scope of the act would technically have excluded burghs but at some point this must have fallen away as the act is applied across Scotland to this day. However, the registers are neither as specific nor as detailed as modern case reports and as such I did not have sufficient time to find this. Even so, the process of searching through these extraordinary records gave me a significantly better understanding of the topic, because I could see how these legal mechanisms were being used in practice in Aberdeen between the fourteenth and sixteenth centuries. Using the registers allowed me to access materials that few others have used, and find a perspective which had not otherwise been explored. For example I had a better understanding of the customary usage of leases in Scotland outwith the scope of the Leases Act 1449.

Another area of research that I engaged with using the records was the use of brieves in Aberdeen. Brieves are early court writs, forms of actions which provide a mechanism for dispute resolution and their usage in Scotland. This is a particular passion of mine and was highly relevant to my coursework in Scottish Legal History and European Legal History as both courses have considered the use of brieves in Scotland. As part of the project I had the wonderful opportunity to visit the Aberdeen archives in the Town House. This was a fantastic experience as we were able to see many charters relating to the burgh of Aberdeen first hand. My own favourite part of the trip was the opportunity to see a brieve of right which was sewn onto the 1317 Court Roll, and in doing so experience a piece of legal history that I had been reading about for more than half of my university career.

It should be noted that my use of the web tool was greatly enhanced by the fantastic team working on the project. Although I relished the challenge to read Middle Scots, having expert knowledge at hand made the whole process of searching and using the web tool much easier. In turn, I was able to provide the team with details of some of the legal processes that we encountered.

I would encourage anyone interested in the history of Scotland to make the LACR project a top priority in their research. The scope of the registers covers many fields of interest and I can say with confidence that you will be pleasantly surprised by what you find.

My thanks go to the LACR team for the opportunity to work with these most important and truly wonderful records.

 

‘In bargia Comitis orcadie’. A brief glimpse into Scottish-Scandinavian trade

In our first guest blog post Ian Peter Grohse shares his insights on an entry from the Aberdeen registers which feature the Norwegian king and a barge belonging to the earl of Orkney.  Ian is Associate Professor in History at the University of Tromsø and the author of Frontiers for Peace in the Medieval North. The Norwegian-Scottish Frontier c. 1260-1470 (Leiden 2017).

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ACR, 4, p. 407 (17 July 1445)

Historians have long appreciated Orkney’s role as a political intermediary between the royal orbits of Norway and Scotland throughout the Middle Ages. The isles’ commercial relations to these mainland kingdoms and other North Sea and North Atlantic communities have received comparatively little attention. While I have previously theorized that Norwegian-Scottish agreements concerning Orkney, including the monumental Treaty of Perth from 1266, were designed to facilitate mobility and trade between Scotland and Scandinavia, the relative lack of written evidence has largely obscured our image of commercial interactions in practice.1 Newly uncovered documents, brought to light through the transcriptions of the LACR project, provide fresh insight into the nature of commerce in and beyond the Pentland Firth.

The most illuminating stems from July 1445. It recounts the sworn testimony of one John Michaelson before the provost and baillies in the burgh of Aberdeen. Michaelson related that certain merchants travelling to Scawe gave one John Adamson full authority to procure dyestuff (woad) from a barge belonging to the earl of Orkney.2 Although the scribe fails to specify Scawe’s exact location, he was likely referring to Skagen on the spearpoint of the Danish peninsula. Elevated as a market town by King Eric III of Denmark and Norway only decades prior, in 1413, Skagen provided an expedient gateway for western merchants seeking access to commercial activities in the Baltic. Although there are other locations bearing the same name, for instance Skaw on the northern tip of Unst, in Shetland, the wares in transit suggest that they originated in a larger market, such as those in Denmark or Northern Germany.

The earl in question was William I Sinclair, the second (or third – it is unclear whether William’s father, Henry II, was ever formally invested) of his line to hold the earldom on behalf of the Norwegian crown. Invested in 1434, William I’s political standing with his Scandinavian lords was somewhat precarious. Following a long and turbulent campaign for succession, William proved to be an unreliable vassal and was eventually deposed of his office by King Christian I in 1461. The document in question is remarkable as it sheds a small flood of light on the earl’s relations with his Scandinavian monarch prior to his estrangement in the 1450s and 1460s. It suggests that, at this stage, William I’s relations with the Norwegian crown were functional and pragmatic from a commercial standpoint: according to the report, the dyestuff onboard the earl’s vessel belonged to the king of Norway – Christopher I – and should be recompensed to that monarch and his intromitters.

The account provides a unique insight into the commercial orbit emanating from the earldom of Orkney. To the south, the isles were linked to Aberdeen, the largest burgh in northern Scotland and a natural platform for commercial interaction with the Northern Isles. That town’s association with the isles dates to at least the late thirteenth century, when royal officials in Aberdeen began making annual donations of wine and bread for mass at St Magnus Cathedral. More interesting (and perhaps unexpected) is the earldom’s apparent integration in the Scandinavian trading sphere. I have previously, and perhaps too hastily, proposed that trade between the isles and Scandinavia had all but dried up by the fifteenth century.3 While Scandinavian markets may not have been as central to Orkney’s commercial outlooks as they had in the early and central Middle Ages, the evidence here suggests that the Orkney earldom continued to foster commercial interaction across the North Sea, providing an expedient logistical intermediary between Scotland and Scandinavia.

It is unclear whether the well-documented political discord between the Norwegian king and his Orcadian vassal affected or disrupted that arrangement in later decades. Perhaps new finds from the Aberdeen registers will shed light on these and other mysteries.


  1. Ian Peter Grohse, Frontiers for Peace in the Medieval North. The Norwegian-Scottish Frontier c. 1260-1470 (Leiden 2017), 47-82. 
  2. ACR, 4, p. 407 (17 July 1445). 
  3. Ian Peter Grohse. ‘Orknøyene og Norgesveldet: Økonomisk eller politisk avhengighet?’, Heimen 51 (2014), 307-18, here 313.