The Poor's Roll, 1424: Free Legal Help for the Poor

Each major claim carries one of three labels. established means supported by primary records, official bodies or several independent reliable sources. shared means the core fact is sound but sources disagree on details, dates or interpretation. traditional means widely repeated but not traceable to a primary or independent source.

The wording of the 1424 Act survives in the records of the Parliaments of Scotland. Claims that it was the "first" legal aid law anywhere are difficult to prove, since earlier church and civic provisions existed elsewhere.

James I's Act

established James I returned to Scotland in 1424 after eighteen years as a captive in England, determined to strengthen royal justice. In his first Parliament, an Act provided that "gif thar be ony pur creatur" who "for fault of cunnyng or dispens" could not pursue his cause, the king "for the luf of God" would ordain that the judge should provide "a lele and a wys advocate" to act for him. The poor person was to be represented without charge.

The poor's roll

established Over time the principle became an established system. A person who could show they were poor and had a probable case could be admitted to the poor's roll, a list of litigants for whom advocates and agents acted without fee. The Faculty of Advocates appointed counsel for the poor, and later solicitors' societies took part. The system mainly covered civil cases; in serious criminal cases accused people were also often represented free.

Strengths and weaknesses

shared The poor's roll was admired as an early recognition that justice should not depend on wealth. But it depended entirely on lawyers giving their time without payment, and by the twentieth century it was widely seen as inadequate. Means tests were strict, and the system struggled to meet demand, especially in divorce cases.

Legal aid

established After the Second World War, the Legal Aid and Solicitors (Scotland) Act 1949 replaced the poor's roll with a state-funded scheme, which began operating in 1950, administered at first by the Law Society of Scotland. The Legal Aid (Scotland) Act 1986 transferred responsibility to the new Scottish Legal Aid Board in 1987. Debates about the adequacy and funding of legal aid continue today.

• The 1424 Act provided free advocates for the poor "for the love of God".
• James I passed it on his return from captivity in England.
• The poor's roll lasted more than five centuries.
• Lawyers acted on the poor's roll without fee.
• State legal aid in Scotland began in 1950.

• Myth: the 1424 Act was the world's first legal aid law. It is often described as one of the earliest, but "first" is hard to prove, since earlier church and civic provisions existed elsewhere.
• Myth: the poor's roll was a comprehensive service. It depended entirely on lawyers giving their time without payment, mainly covered civil cases, had strict means tests, and by the twentieth century was widely seen as inadequate.