Scottish Land Court must by statute include at least one Gaelic speaker amongst its members n July 2001 the Sheriff Principal of Grampian, Highland and Islands, inspired by the recent UK ratification of the European Charter for Regional or Minority Languages, laid down that the sheriff courts in Stornoway and Lochmaddy in the Western Isles, and Portree in Skye, would allow party litigants to address the court, or witnesses to give evidence, in Gaelic in civil(but not criminal) proceedings, provided that notice of two weeks was given(to allow for the provision of an interpreter). Sheriffs might, however, veto the right to speak in Gaelic if they considered that otherwise the proper administration of justice would be hampered. 7 Of course there may always be a dash of lawyers' Latin(or code mixing, as linguistic discourse would have it )to bring nguistic variety in court proceedings and in legal writing and teaching, 8 although in June 2001 the appeal Court of the High Court of Justiciary had to consider a claim that use of the maxim omnia rite et solemniter acta praesumuntur in proceedings arising from the eleven-times repeated failure of an individual known as Robbie the Pict to pay the toll exigible to cross the Skye Bridge infringed Robbie's right to a fair trial under Article 6 of the European Convention on Human Rights. 9 The court rejected the argument, presented by robbie in person, that he was entitled to have the proceedings conducted in a language that he could understand, because ' it was clear from the appellant's presentation of his argument that he did fully understand the maxim ?20 We therefore seem rather far in modern practice from the linguistic diversity(or reverting to the terminology of linguistics, language contact)which, as I shall now argue, characterised the practice of law as it became the common law -or ius commune-of the medieval kingdom of the Scots. The development of Scottish common law began in the twelfth entury, and from the start its language of record was Latin. The law centred on land, and the charters and other documents which recorded grants and transfers of land were generally in Latin although over time documents in Scots became more common. 21 Only in 1847 did statute provide that henceforth Crown writs would be in English rather than Latin. 22 The " brieves'or Legal Aid Board can be persuaded that it is justified. See forexample Montes v HMA 1990 SCCR 645 Scottish Land Court Act 1993, s 1, replacing the Small Landholders( Scotland) Act 1911, s. 3, as amended by Agriculture(Scotland) Act 1948, s. 70(1) 148), enacted 5 November 1992 and ratified by the UK 27 March 2001(entering into force i July 2001), see No For the text ofthe Act of Court, see 2001 Scots Law Times(News)194. For the language charter(ETS No 18 See W.A. Wilson, Introductory Essays on Scots Law, 2nd edn.(Edinburgh, 1985), pp14-17. 2001Gwd20-764.OnRobbiethePictsee<http:/www.pictphddemonco.uk> Further on the Latin charter tradition in Celtic countries, see several contributions in Literacy in Medieval celts o c For an interesting analysis of the deployment of the Latin charter in Gaelic Scotland and a challenge to the idea of the 'Celtic charter, at least in Scotland, see D. Broun, The Charters of Gaelic Scotland and ireland in the Early and Central Middle Ages, Quiggin Pamphlets on the Sources of Medieval Gaelic H istory 2(Cam bridge, 1995) Societies, ed. H Pryce(Cambridge, 1998) Lands Transference Act 1847(10& 11 Vict, c 51), S. 25. See also P. Gouldesbrough, Formulary of old Scots Legal Documents, Stair Society vol. 36(Edinburgh, 1985), chs. 11-15Scottish Land Court must by statute include at least one Gaelic speaker amongst its members.16 In July 2001 the Sheriff Principal of Grampian, Highland and Islands, inspired by the recent UK ratification of the European Charter for Regional or Minority Languages, laid down that the sheriff courts in Stornoway and Lochmaddy in the Western Isles, and Portree in Skye, would allow party litigants to address the court, or witnesses to give evidence, in Gaelic in civil (but not criminal) proceedings, provided that notice of two weeks was given (to allow for the provision of an interpreter). Sheriffs might, however, veto the right to speak in Gaelic if they considered that otherwise the proper administration of justice would be hampered.17 Of course there may always be a dash of lawyers’ Latin (or code mixing, as linguistic discourse would have it) to bring linguistic variety in court proceedings and in legal writing and teaching;18 although in June 2001 the Appeal Court of the High Court of Justiciary had to consider a claim that use of the maxim omnia rite et solemniter acta praesumuntur in proceedings arising from the eleven-times repeated failure of an individual known as Robbie the Pict to pay the toll exigible to cross the Skye Bridge infringed Robbie’s right to a fair trial under Article 6 of the European Convention on Human Rights.19 The court rejected the argument, presented by Robbie in person, that he was entitled to have the proceedings conducted in a language that he could understand, because ‘it was clear from the appellant’s presentation of his argument that he did fully understand the maxim’.20 We therefore seem rather far in modern practice from the linguistic diversity (or, reverting to the terminology of linguistics, language contact) which, as I shall now argue, characterised the practice of law as it became the common law - or ius commune - of the medieval kingdom of the Scots. The development of Scottish common law began in the twelfth century, and from the start its language of record was Latin. The law centred on land, and the charters and other documents which recorded grants and transfers of land were generally in Latin, although over time documents in Scots became more common.21 Only in 1847 did statute provide that henceforth Crown writs would be in English rather than Latin.22 The ‘brieves’ or Legal Aid Board can be persuaded that it is justified. See for example Montes v HMA 1990 SCCR 645. 16 Scottish Land Court Act 1993, s. 1, replacing the Small Landholders (Scotland) Act 1911, s. 3, as amended by Agriculture (Scotland) Act 1948, s. 70(1). 17 For the text of the Act of Court, see 2001 Scots Law Times (News) 194. For the language charter (ETS No. 148), enacted 5 November 1992 and ratified by the UK 27 March 2001 (entering into force 1 July 2001), see <http://conventions.coe.int/>. 18 See W.A. Wilson, Introductory Essays on Scots Law, 2nd edn. (Edinburgh, 1985), pp. 14-17. 19 2001 GWD 20-764. On Robbie the Pict see <http://www.pictphd.demon.co.uk>. 20 At para. 4. 21 For an interesting analysis of the deployment of the Latin charter in Gaelic Scotland and a challenge to the idea of the ‘Celtic charter’, at least in Scotland, see D. Broun, The Charters of Gaelic Scotland and Ireland in the Early and Central Middle Ages, Quiggin Pamphlets on the Sources of Medieval Gaelic History 2 (Cambridge, 1995). Further on the Latin charter tradition in Celtic countries, see several contributions in Literacy in Medieval Celtic Societies, ed. H. Pryce (Cambridge, 1998). 22 Lands Transference Act 1847 (10 & 11 Vict, c. 51), s. 25. See also P. Gouldesbrough, Formulary of Old Scots Legal Documents, Stair Society vol. 36 (Edinburgh, 1985), chs. 11-15