Tracts, legal and historical

175
Othoboni, legates,— who, it is well known, had
been deputed by the Popes Gregory the Ninth, and
Clement the Fourth, to England, for the purpose.
Accordingly, in English dispensations similar to
the Scottish one above referred to in 1529, there'is
a striking difference. The dispensation for the mar-
riage of Margaret of England in 1500 is granted
in these words, — " non obstantibus setatis premissa?
defectu, 1 — et aliis consanguinitatis et afnnitatis im-
pediments predictis et apostolicis ; nee non bones
memor'ue Ottonis et Ottoboni, olim in dicto regno
Anglie Apostolicce sedis legaiorum, in provincia-
libus quoque et in synodalibus editis generalibus
vel specialibus constitutionibus, et ordinationibus,
cseterisque contrariis quibuscunque." 2 Here the
share that Rome had through her emissaries in con-
cocting the English provincial canons is carefully
specified, which affords a strong contrast to the
form on such occasions in Scotland, where the in-
terference of the legates being excluded, there is no
such qualification to be found.
The distinction is curiously marked by another
bull or dispensation to parties within the forbidden
degrees in the " province of Ireland" and in Scot-
land, directed to Mr. John Spens, clerk of the
diocess of Dunkeld in 1551. 3 The following
clauses are added after the permission for the mar-
riage of ten persons, so circumstanced, respectively,
i She was then under age.
2 Rymer, Vol. vii. p. 765—6. * Dundas Charter Chest.