Definition
In Scots law, a formal judicial declaration by a party that they stand behind a deed or writing they have produced, made in response to a challenge that the document is forged. The declaring party signs a written statement confirming they abide by the contested deed *sub periculo falsi* — at the peril of forgery — thereby committing themselves to face the legal consequences if the deed is later found to be false. Failure to make this declaration results in the court pronouncing a decree that the deed is forged without further contest.
Common Language
Modern common usage (Wiktionary): Present participle and gerund of "abide by" — meaning to comply with, conform to, or accept the terms of something (a rule, decision, or agreement).
Historical common usage (Webster's 1913): To abide by — to stand to; to maintain; to adhere to; as, "to abide by a promise."
The common meaning of "abiding by" carries a sense of ongoing compliance or adherence. The legal term is narrower and procedurally specific: it does not describe general compliance but a singular, formal declaration made in open court under threat of legal penalty. A researcher encountering the phrase in a Scots law context should not read it as mere agreement or conformity but as a technical procedural act with defined consequences.
Common Confusion
The phrase "abiding by" in general legal writing — particularly in contract and administrative contexts — frequently means nothing more than complying with a term or order. In Scots law sources, however, "abiding by" (or "abide by") is a term of art with a precise procedural function. Researchers working across jurisdictions or across time periods may conflate the two uses. The Scots law meaning is the one captured by historical legal dictionaries; the general compliance sense, though common in modern legal drafting, is not a distinct legal term of art and does not appear in the legal dictionary tradition.
Why It Matters in Research
This term appears exclusively in Scots law sources within the historical legal dictionary corpus. Researchers encountering "abiding by" in documents of Scottish origin — particularly pre-Union or early post-Union materials involving challenges to the authenticity of deeds — should recognize it as a procedural mechanism, not a general statement of consent. The phrase *sub periculo falsi* ("at the peril of forgery") attached to the declaration signals that the party accepts criminal or civil exposure if the deed proves false, making this a high-stakes procedural commitment rather than a routine litigation step.
Because this term is jurisdiction-specific and procedure-specific, it will not appear in English common law sources in the same sense. Researchers using Law Mind sources that span English and Scottish legal traditions must pay careful attention to jurisdictional context when this phrase appears. The absence of this term from English law dictionaries is itself informative.
The term has no meaningful survival in modern legal usage as a technical concept, having been absorbed into the procedural law of Scotland without retaining a discrete dictionary presence in contemporary sources.
Historical Dictionary Support
All four source dictionaries agree on the core definition and its Scots law provenance. Bouvier and Black's (2nd ed.) are the most complete, both preserving the consequence of non-declaration — that a decree of forgery will be pronounced — and citing Bell's Dictionary for the pledging effect. Burrill adds the procedural texture most clearly, specifying that the party must appear in court and personally sign the declaration, and that the deed is described as "quarrelled" (contested) — a useful gloss on archaic Scots legal vocabulary. Black's (1st ed.) provides the stripped-down version. No source diverges on substance; the differences are of elaboration only.
Notably, none of the sources discuss what happens to the party after a deed is found forged following an abiding-by declaration, nor do they address the evidentiary or procedural pathway for the forgery challenge itself. Researchers needing that context will need to consult primary Scots law sources or Bell's Dictionary of the Law of Scotland directly.
Jurisdictional Note
This term is specific to Scots law and has no direct equivalent in English common law or American legal practice. Researchers working with Scottish legal materials, particularly those involving historical challenges to the authenticity of written instruments, should treat it as a term of art confined to that tradition.