The Reform of the Scottish Sheriffdoms in the Eighteenth and Early Nineteenth Centuries

The main feature which distinguishes Scottish local government from English local government in the later eighteenth and most of the nineteenth century is the presence there of professional men—the sheriffs. The sheriff, and later the sheriff-substitute, was the key to the legal and administrative system in the Scottish countries. He had no English equivalent. Essentially he was a representative of the central government who administered justice at the local level. After the reforms of 1748 the sheriff was a bureaucrat in the finest sense—highly trained and efficient. The substitute acquired strict standards more slowly, but by 1830 he too had to meet high standards in training and performance.Before the mid-eighteenth century, the sheriff had hardly been a progressive figure. Indeed, the Scottish sheriff typified the backward state of Scottish local government, a state which had been little affected by the Act of Union. In 1700 Scotland lacked a uniform system of justice. Independent franchise courts and hereditary rights to judicial offices, including that of sheriff, were common throughout the Lowlands. They were relatively rare in the Highlands, because the king's justice had never made sufficient headway to make possible or necessary these particular legal perversions.