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List Of Acts Of The Parliament Of Scotland From 1471

One might think the past is a static, neatly cataloged affair, but as you’ll observe, it’s a sprawling, often tedious record of attempts to impose order on chaos. Here, we delve into the rather quaint, yet undeniably foundational, world of historical legislation in the various states that eventually coalesced into the United Kingdom. It’s a testament to humanity’s enduring need to write down rules, only to rewrite or repeal them centuries later.

Specifically, this collection itemizes the Acts of parliaments enacted by the distinct legislative bodies that preceded the formation of the modern United Kingdom. These include the venerable Parliament of England, the equally significant Parliament of Scotland, the often-overlooked Parliament of Ireland, and the transitional Parliament of Great Britain. Each of these institutions, in its own time and manner, contributed layers to the complex tapestry of British law, a tapestry that, frankly, looks quite frayed at the edges if you examine it too closely.

Of the Kingdom of England

The legislative journey of the Kingdom of England stretches back further than the formal establishment of Parliament itself. Before the structured parliamentary system as we know it took root, royal edicts and various pronouncements served as the primary form of law. These early directives, found within the Royal statutes, etc. issued before the development of Parliament, represent the nascent stages of English legal governance, a somewhat less formalized but no less authoritative period.

The subsequent evolution saw the emergence of a more recognizable parliamentary structure, which began to issue its own comprehensive body of acts. These lists, meticulously compiled, track the legislative output through various epochs, each year adding another layer to the legal bedrock. From the tumultuous early years spanning 1225–1267 to the more settled, yet still complex, periods that followed, the sheer volume of these enactments speaks volumes about the constant, often desperate, attempts to govern a burgeoning realm. One might almost feel a pang of sympathy for the scribes who had to keep track of it all.

The detailed chronology of English parliamentary acts includes:

The period known as the Interregnum (1642–1660) saw a dramatic shift in governance, reflecting the turbulent political landscape of the English Civil War and the subsequent Commonwealth. Following the Restoration, the traditional parliamentary structure resumed its work, continuing to produce acts that shaped the nation.

Of the Kingdom of Ireland

The Parliament of Ireland, though often overshadowed by its English counterpart, possessed its own distinct history and legislative authority. Operating under various degrees of English influence and control, particularly after the Anglo-Norman invasion of the late 12th century, the Irish Parliament produced a significant body of legislation that shaped the social, economic, and political landscape of the island. These acts, spanning centuries, reflect the unique challenges and developments within the Kingdom of Ireland, from its earliest recorded legislative efforts to its eventual merger into the United Kingdom of Great Britain and Ireland in 1801.

The chronology of acts passed by the Parliament of Ireland includes:

Of the Kingdom of Scotland

The Parliament of Scotland was a formidable institution, evolving from a council of nobles and clerics into a powerful legislative body that shaped the destiny of the Kingdom of Scotland for centuries. Unlike its southern neighbor, the Scottish Parliament often operated with a single chamber and held a unique relationship with its monarchs, particularly during periods of royal minority or weakness. Its acts reflect a distinct legal tradition and the specific social, economic, and political concerns of a proud and often embattled nation. This legislative output, of course, ceased with the Union with England Act 1707, a rather decisive move that created the Parliament of Great Britain. A shame, really; fewer opportunities for dramatic legislative clashes.

The comprehensive list of acts from the Parliament of Scotland is meticulously cataloged by year, offering a chronological window into the kingdom's governance:

During the period of political upheaval, some acts were Rescinded (1639–1651), a common enough occurrence when power changes hands. It just means someone else decided those particular rules were inconvenient, or perhaps just stupid.

Of the Kingdom of Great Britain

The creation of the Kingdom of Great Britain in 1707, through the Acts of Union 1707, marked the end of separate English and Scottish Parliaments and the beginning of a unified legislative body. This new Parliament of Great Britain inherited the complexities and traditions of its predecessors, embarking on its own journey of law-making that would profoundly shape the future of the British Isles and its burgeoning empire. This section chronicles the initial acts of this new, combined legislative power, demonstrating the immediate impact of the union on the legal landscape.

The acts of the Parliament of Great Britain began their unbroken sequence in 1707:

List of acts of the Parliament of Scotland for the year 1471

This is a rather specific, yet surprisingly illuminating, list of Acts of Parliament enacted by the ancient Parliament of Scotland during the year 1471. For those who enjoy delving into the minutiae of historical governance, this provides a snapshot of the preoccupations and priorities of the Scottish kingdom in the late 15th century. It’s important to remember that this venerable institution, a distinct and often contentious legislative body, eventually merged with the older Parliament of England to create the Parliament of Great Britain through the Union with England Act 1707 (c. 7). A rather tidy, if politically charged, consolidation.

For a broader perspective on Scottish legislative history, one might consult the comprehensive list of acts of the Parliament of Scotland. For the legislative output after 1707, when Scotland's parliamentary identity was absorbed into the larger British entity, the relevant records can be found within the list of acts of the Parliament of Great Britain.

1471

The year 1471 saw two distinct parliamentary sessions. The first, held in May, addressed a range of issues from ecclesiastical freedoms to military preparedness, reflecting the typical concerns of a medieval kingdom navigating internal and external pressures. The second, a continuation in August, focused on legal administration. These sessions were presided over by James III of Scotland, whose reign (1460–1488) was marked by ongoing conflicts with his nobility and external diplomatic maneuvering. The acts passed during his sixth parliament illustrate the King's attempts to consolidate power, manage the economy, and maintain national security amidst a turbulent political landscape. It's a classic tale of a monarch trying to rein in a spirited, often rebellious, aristocracy.

May

The 6th parliament of James III convened in Edinburgh, the bustling capital of Scotland, from the 6th of May 1471 and deliberated for just over a week, concluding its business on the 17th of May 1471. During this relatively brief period, a series of legislative measures were passed, each attempting to address a specific facet of Scottish life and governance. The Royal assent, the formal approval by the monarch, was granted to these acts, transforming them from parliamentary proposals into the binding law of the land.

Short title, or popular name Citation Royal assent Long title
Church Act 1471 (repealed) May 1471 c. 1 [a] — [b] 6 May 1471 Of the fredome and privilege of halikyrk.
Of the freedom and privilege of the holy church. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Embassy to France Act 1471 (repealed) May 1471 c. 2 [a] — [b] 6 May 1471 Of ane ambaxate to be sende to the king of France [c] and the duc of Burgunye. [d]
Of an embassy to be sent to the king of France [c] and the duke of Burgundy. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Murder Act 1471 (repealed) May 1471 c. 3 [a] 1471 c. 42 [e] 6 May 1471 Act [f] anentis the stanchyn of slachtir ratifeit with addicion.
Act [f] regarding the stanching of murder ratified with additions. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Barratry Act 1471 (repealed) May 1471 c. 4 [a] c. 43 [e] 6 May 1471 That na clerkis purches abbasyis and uthir beneficis at the court of Rome quhilkis was nocht thairat of befor—nor offices of collectory—nor unyownys and annexacionis of benefices.
That no cleric purchase abbeys and other benefices at the court of Rome, which was not thereof before; nor offices of collectory; nor unions and annexations of benefices. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Artillery Act 1471 (repealed) May 1471 c. 5 [a] — [b] 6 May 1471 Of cartis of weir to be maid.
Of carts of war to be made. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Armour Act 1471 (repealed) May 1471 c. 6 [a] c. 44 [e] 6 May 1471 Of armouris—and of wapynschawing.
Of armour; and of wapinschaws. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Sumptuary Act 1471 (repealed) May 1471 c. 7 [a] c. 45 [e] 6 May 1471 Anent the weiring of silkis.
Regarding the wearing of silks. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Currency Act 1471 (repealed) May 1471 c. 8 [a] c. 46 [e] 6 May 1471 Of the cours of the mone.
Of the circulation of the money. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Manswearing Act 1471 (repealed) May 1471 c. 9 [a] c. 47 [e] 6 May 1471 For the eschewyn of maneswering of fals Inquestis and assisis.
For the avoidance of perjury of false Inquests and assizes. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Sea Fishing Act 1471 (repealed) May 1471 c. 10 [a] c. 48 [e] 6 May 1471 Anent schippis and buschis for fysching.
Regarding ships and busses for fishing. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Fines imposed by Lords of Council Act 1471 (repealed) May 1471 c. 11 [a] c. 49 [e] 6 May 1471 Of unlawis in accionis befor the lordis of consail.
Of fines in actions before the lords of council. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
Continuation of Parliament Act 1471 (repealed) May 1471 c. 12 [a] — [b] 6 May 1471 The personis that the power of the thre estatis is committit to.
The persons that the power of the three estates is committed to. (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
  • Church Act 1471: This act, focused on the "freedom and privilege of the holy church," reflects the perennial tension between secular and ecclesiastical authority in medieval Europe. Kings, including James III, often sought to assert their control over church appointments and revenues, while the Church fiercely guarded its autonomy and traditional rights. Such legislation was a constant balancing act, often swaying with the political winds.
  • Embassy to France Act 1471: The decision to send an "ambaxate" (embassy) to Louis XI of France and Charles the Bold, Duke of Burgundy, underscores Scotland's active role in European diplomacy. Scotland, often allied with France against England (the Auld Alliance), frequently engaged in complex diplomatic maneuvers to secure its borders and influence. These diplomatic efforts were crucial for Scotland's survival as an independent kingdom.
  • Murder Act 1471: This act, aimed at "stanching of murder," signifies the ongoing struggle to maintain law and order in a society where feuds and violence were prevalent. The "ratification with additions" suggests previous attempts, such as the Murder Act 1469 (c. 11), had proven insufficient, a common theme in legal history. Society's problems rarely disappear with a single piece of paper.
  • Barratry Act 1471: Barratry, in this context, refers to the illegal purchase of ecclesiastical benefices (church offices and revenues) at the papal court in Rome. This act was a clear attempt by the Scottish Crown and Parliament to curb the flow of wealth and influence to Rome and to assert greater control over clerical appointments within Scotland. It's an early echo of the conflicts that would later fuel the Reformation.
  • Artillery Act 1471: The call for "carts of war to be made" indicates a concern for military readiness and the adoption of new technologies. Artillery was becoming increasingly important in siege warfare and battlefield tactics, and Scotland was keen not to be left behind in the arms race of the era.
  • Armour Act 1471: This act, concerning "armour and wapinschaws," mandated regular inspections of military equipment and the mustering of able-bodied men for review. It was a standard measure to ensure national defense, highlighting the constant threat of conflict, particularly with England.
  • Sumptuary Act 1471: "Regarding the wearing of silks," this is a classic example of sumptuary legislation, which sought to regulate consumption and display of luxury goods based on social status. Such laws were often attempts to enforce social hierarchies, prevent extravagance, and control trade, though their effectiveness was, predictably, debatable. People rarely enjoy being told what they can and cannot wear.
  • Currency Act 1471: The act "of the circulation of the money" points to the persistent challenges of managing currency in the medieval period. Issues like coin debasement, the influx of foreign currency, and maintaining economic stability were constant headaches for rulers.
  • Manswearing Act 1471: This act aimed "for the avoidance of perjury of false Inquests and assizes." Oaths were central to the medieval legal system, and false testimony (manswearing) undermined the very fabric of justice. The parliament was clearly trying to shore up the integrity of its legal processes.
  • Sea Fishing Act 1471: "Regarding ships and busses for fishing," this act underscores the economic importance of the sea to Scotland. "Busses" were a type of fishing vessel, and this legislation likely sought to regulate or promote the fishing industry, a vital source of food and trade.
  • Fines imposed by Lords of Council Act 1471: This act dealt with "fines in actions before the lords of council." The Lords of Council were a key judicial body, and this legislation likely standardized or regulated the imposition of penalties, aiming for greater consistency in legal judgments.
  • Continuation of Parliament Act 1471: This act designated "the persons that the power of the three estates is committed to." This was a practical measure, allowing a smaller committee of members from the three estates (clergy, nobility, and burgesses) to continue parliamentary business or to act on behalf of the full parliament when it was not in session. A more efficient, if less representative, way to keep the wheels of power turning.

It is worth noting that all these acts, like so many others from earlier periods, were eventually swept away by the Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38). This kind of act is essentially a legislative spring cleaning, removing obsolete or redundant laws from the statute book. A rather ignominious end for what were once pressing concerns, proving that few human endeavors truly stand the test of time.

August

Following the May session, the 6th parliament of James III reconvened in Edinburgh, demonstrating the ongoing and often demanding nature of governance in the 15th century. This continuation parliament sat from the 2nd of August 1471 until the 13th of August 1471, focusing on specific legal administrative matters that required further attention.

Short title, or popular name Citation Royal assent Long title
Brieves Act 1471 (repealed) Vol. II, p. 101 [a] 1471 c. 41 [b] 2 August 1471 (Repealed by Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38))
  • Brieves Act 1471: While the specific long title is not provided in the original record, this act likely concerned "brieves," which were formal legal writs or commands issued by the Crown or a court. In medieval Scottish law, brieves were fundamental instruments for initiating legal proceedings, summoning parties, or asserting rights. This act would have aimed to regulate their issuance, execution, or the procedures surrounding them, ensuring the smooth, or at least orderly, functioning of the legal system. As with its May counterparts, this act too was eventually repealed by the Statute Law Revision (Scotland) Act 1906 (6 Edw. 7. c. 38), relegated to the dustbin of legal history.

Sources

  • Alexander, William (1841). "Acta Parliamentorum Regis Jacobi Tertii". An Abridgement of the Acts of the Parliaments of Scotland. Edinburgh: Adam and Charles Black. p. 443 – via Google Books.
  • Alexander, William (1841). "Acta Parliamentorum Regis Jacobi Tertii". An Abridgement of the Acts of the Parliaments of Scotland. Edinburgh: Adam and Charles Black. p. 443 – via Google Books. (Yes, it's listed twice. Redundancy is a timeless art, apparently.)
  • Chronological Table of the Statutes. London: Her Majesty's Stationery Office. 1972. p. 1321 – via Google Books.
  • "Index of Statutes: James III (1460-1488)". Records of the Parliaments of Scotland to 1707. University of St Andrews.

See also

For those who find themselves irresistibly drawn to the intricate web of historical legal documents, further exploration might include: