A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 2001 (DOST Vol. X).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1400-1499, 1581-1632
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Tort, Torte, n. Pl. also tortus. [ME and e.m.E. tort (1387-8), torte (1591), OF tort, med. L. tortum.]
1. Wrong, harm, injury; pain, suffering. b. A wrong or false statement.c1590 J. Stewart 9/46.
His tanting toyes sall do my style no tort 1600-1610 Melvill 377.
A maist craftelie devysit tumult and insurrectioun … be our diligence and authoritie … was asswagit without anie violence or tort done to anie man 1600 Colville Palinode 20.
The said noble king, knowing what torte and wrong his father had receaued of Richard the 3 1605 Stewart Mem. 114.
To comitt the lyk prowd wrangis tortus and oppressionis 1581-1623 James VI Poems I 29/195.
Job and Jeremie, preast with woes and wrongs, Did right descryue their ioyes, their woes and torts 1632 Lithgow Trav. v 193.
Good t'expell all sorts of burning feauers in their violent torts 1632 Lithgow Trav. x 425.
To show King James, my torments, pangs, and tortb. 1632 Lithgow Trav. x 488.
No tort I introduct … I organize the truth
2. In law, only in the formula torte and na reson (non reason), apparently viewed as (quasi-)French as it is always explained as wrang and vnlaw: Wrongdoing, in matters referred to the civil law, chiefly in the formula by which a defender denies wrongdoing.14.. Acts I 111/2.
Of wrang and unlaw [1318 Acts I 111/1, De defensione torte et unreson] … that na defens sal be enchesonit na ȝit the defendour be undefendyt als lang as the defendour … defendis torte & na reson quhilk is callyt wrang & unlaw 1597 Skene Verb. S. s.v. Tort.
Tort et non reason, vn-reason, wrang, and vnlaw … tort in the French tongue, is wrang or injurie … Actiones of wrange and vnlaw, appearis to be civill actiones, and ar opponed to actiones criminall, touching life and lim 1609 Skene Reg. Maj. ii 22b, 23.
The clame in pleyes of transgressions: Na exception or defence sould be challenged, nor the defender sould not be estemed as not defending (as not comperand to defend) sa lang as he … defends tort and non reason, that is, wrang and vnlach (that is to haue done na iniurie nor vnreason agains the law). And also defends himselfe agains the damnage and skeath libelled … agains him … And the samine maner of defence salbe vsed quhen ane man is challenged in ane other mans court … Saifeand the law and consuetude of burghis, quhilk is, to defend preciselie tort and non reason, that is wrang and vnlaw without any replegiation of the defender to his lords court
