Thomas Craig (jurist)


Sir Thomas Craig of Riccarton was a Scottish jurist and poet.

Biography

His father was Robert Craig who was an Edinburgh merchant, he was born in 1515, he died in 1575. He married Katherine Bellenden who was born in 1520, she died in 1575. His uncle was the Scottish theologian John Craig.
In Edinburgh he lived on Warriston Close off the Royal Mile.
Craig was educated at the Royal High School, Edinburgh, and at the University of St Andrews, where he took the Bachelor of Arts degree in 1555. From St. Andrews he went to France, to study canon law and civil law. In Paris from 1555 to 1561, he studied civil law under François Baudouin. His work on feudal law shows the influence of François Hotman, which must be later.
Craig returned to the Kingdom of Scotland about 1561, and was admitted advocate in February 1563. In 1564, he was appointed justice-depute by the justice-general, Archibald Campbell, 5th Earl of Argyll; and in this capacity he presided at many of the criminal trials of the period in Edinburgh, and in 1606 was made procurator for the church. He never became a lord of session, a circumstance that was unquestionably due to his own choice.
He is said to have refused the honour of knighthood which James VI conferred on him in 1604. He had come to London as one of the Scottish commissioners regarding the personal union between the Kingdom of Scotland and the Kingdom of England, the only political object he seems to have cared about. But in accordance with James's command he has always been styled and reputed a knight.
He died in Edinburgh in 1608.

Works

Except his poems, the only one of Craig's works which appeared during his lifetime was his Jus feudale. Editions of the book were produced by Robert Burnet, Lüder Mencke and James Baillie. A two volume English translation by Scottish judge Lord Clyde was published in 1934. In 2017, the Stair Society published the first volume of a new three part Latin edition of Jus Feudale with facing English translation by classicist and lawyer Leslie Dodd. This book was the first comprehensive legal treatise be written in Scotland and its object was to assimilate the laws of England and Scotland, but, instead of this, it was an important factor in building up and solidifying the law of Scotland into a separate system.
Other works were
Craig's first poem, an epithalamium in honour of the marriage of Mary, Queen of Scots, and Darnley, appeared in 1565. Most of his poems have been reprinted in the Delitiae poetarum Scotorum.

Family

Craig had numerous family connections, and was married twice. His first wife Helen Hamilton of 1573, who died in 1575, was the niece or granddaughter of Robert Richardson. His second wife of 1578 was Helen, daughter of Robert Heriot of Lumphoy in Midlothian, by whom he had four sons and three daughters; she was also the step-daughter of Edward Henryson, her mother Helen Swinton's second husband.
John Craig, who married Isabel Gouldie who was born in 1612, she died in 1645. He divorced from Margaret Gibson. He secondly married Margaret Peter who was born in 1589.