Old Scottish Statutes Revisited
Posted by almax on March 27, 2008
After the recent exciting posting about the Incest Act 1567, a solitary loyal reader clamoured for more of the same.
Well, here we have another fairly interesting (yawn, yawn) Act from the same year, and what makes this of interest is that I have only just noticed that the Acts passed in 1567 were passed during the minority of James VI of Scotland (and I of England) (ie when he was too young to govern - he was one year old).
In his stead was a Regent. And that Regent was our old nutball friend, James Stewart, 1st Earl of Moray.
And why is the 1st Earl of Moray a friend of this blog?
A loyal reader or two may remember a number of startling facts about the Earl, previously disclosed here -
http://almax.wordpress.com/2006/08/27/beelzebubs-got-a-devil-for-a-sideboard/
but well worth repeating -
He was the half-brother of Mary, Queen of Scots
After Mary was forced to abdicate in favour of the infant James VI in 1567, Moray managed to jump in as Regent, and started legislating at a furious pace.
On 23 January 1570, while still Regent, Moray was travelling from Edinburgh to Glasgow via Linlithgow (not by Scotrail otherwise he’d have been seriously delayed).
One of Mary’s supporters assassinated him just at about the spot where Linlithgow Sheriff Court now stands.
Moray was the first head of state in the world to be assassinated BY GUN (then only a recent invention).
Anyway, during his first flush of legislating Moray made numerous laws including the Incest Act which lasted for over 400 years. Of somewhat less longevity was this enactment abolishing the Pope (or something like that) -
ITEM, Our Sovereign Lord, with advice of his dearest Regent, and three Estates of this present Parliament, ratifies and approves the Act underwritten, made in the Parliament held at Edinburgh the 24th day of August, the year of God 1560 years. And of new in this present Parliament, statutes and ordains the said Act to be as a perpetual Law, to all our Sovereign Lord’s Lieges, in all times coming. Of the which the tenour follows: ITEM the three Estates understanding that the jurisdiction and authority of the Bishop of Rome, called the Pope, used within this Realm in times bypast, has not only been contumelious to the eternal God, but also very hurtful and prejudicial to our Sovereign’s authority, and common weal of this Realm. THEREFORE it is statute and ordained, that the Bishop of Rome, called the Pope, have no jurisdiction nor authority within this Realm, in any time coming. And that none of our said Sovereign’s subjects, in any times hereafter, sue or desire title or right of the said Bishop of Rome, or his sect, to anything within this Realm, under the pains of Barratry, that is to say, proscription, banishment, and never to bruke [hold] honour, office, nor dignity within this Realm. And the contraveners hereof to be called before the justice or his deputies, or before the Lords of the Session, and punished therefore, conform to the Laws of this Realm. And the furnishers of them, with finance of money, and purchasers of their title of right, or maintainers, or defenders of them, shall incur the same pains. And that no Bishop nor other Prelate of this Realm, use any jurisdiction in time coming, by the said Bishop of Rome’s authority, under the pain foresaid. And therefore of new decerns and ordains, the contraveners of the same, in any time hereafter, to be punished according to the pains in the foresaid Act above rehearsed.
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