Scottish National Dictionary (1700–)
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First published 1952 (SND Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1754, 1814, 1931
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COMMISSARY, n. Sc. law: a judge in a commissary court (see Commissariat), in present practice, the sheriff in each county acting as commissary. “In 1876 even the name was merged in that of the sheriff . . . but the old seal may still be used” (Sc. [1754] Erskine Princ. Law Scot. (1903) 56).Sc. 1754 Erskine Princ. Law Scot. (1903) 55:
These commissaries retained till 1830 an exclusive power of judging in declarators of marriage, and of the nullity of marriage; in actions of divorce and of non-adherence; of adultery, bastardy, and confirmation of testaments.Sc. 1814 Scott Waverley (1817) lxvi.:
Mr Duncan Macwheeble, no longer Commissary or Baillie . . . had escaped proscription by an early seccession from the insurgent party.Sc. 1931 Scotsman (21 Nov.) 8/6:
The Commissary refused to issue confirmation, on the grounds that the settlement was invalid, having been executed by a minister acting as notary public outwith his own parish.
