Series 1 > Statutes of the Scottish Church, 1225-1559
(304) Page 183
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GENERAL STATUTES OF 1559
183
to the present council1 ; adding, moreover, that if any pro¬
curator or advocate shall have produced in a trial a frivolous
objection by way of reply, duply, triply, quadruply, or shall
have been convicted of other overt misdemeanour, he shall be
mulcted in a fine of forty shillings for the first offence, of five
pounds, money of this realm, for the second; which fines shall
be applied, at the discretion of the judge, to pious uses, and
shall be non-remissible; and for the third offence he shall
be suspended and removed from the office of procurator or
advocate in that court for ever.
(285) That there shall be no absolutions given ‘ for [unex¬
pressed] reasons’ or to qualify for taking legal action.
It is likewise statute that from sentences of excommunica¬
tion, or other church censures, fulminated from whatever
cause, no absolution shall be given hereafter, by archbishops,
bishops, their officials and commissaries, or other ecclesiastical
judges, whether ordinaries or depute legates, with the [vague]
formula: ‘ On account of motives ’ or ‘ Out of considera-
‘ tion of motives,’ or such like phrases; but either they
shall be granted simply, or the reason for which they are
granted shall be inserted in the said absolutions; otherwise
they shall be of no force or account. Item from sentences of
excommunication or other church censures, fulminated from
whatever cause, even of contumacy, no absolutions shall be
given to the effect of enabling any one to bring, prosecute, or
decide an action, or to exercise any other function of a member
of court, save only of giving evidence; otherwise they shall be
ipso jure null and void.
(286) That all transactions of chapters shall be done in
accordance with the rules of chapters.
It is likewise statute that in all chapters and convents all
things shall be done and transacted in accordance with the
rules of chapters in all manner of capitular transactions,
whether as regards giving of consent or as regards subscrip¬
tions and appending of seals ; otherwise the transactions done
and transacted therein shall be null and void.
1 Not included in any of the texts preserved. See note to Statute 277.
183
to the present council1 ; adding, moreover, that if any pro¬
curator or advocate shall have produced in a trial a frivolous
objection by way of reply, duply, triply, quadruply, or shall
have been convicted of other overt misdemeanour, he shall be
mulcted in a fine of forty shillings for the first offence, of five
pounds, money of this realm, for the second; which fines shall
be applied, at the discretion of the judge, to pious uses, and
shall be non-remissible; and for the third offence he shall
be suspended and removed from the office of procurator or
advocate in that court for ever.
(285) That there shall be no absolutions given ‘ for [unex¬
pressed] reasons’ or to qualify for taking legal action.
It is likewise statute that from sentences of excommunica¬
tion, or other church censures, fulminated from whatever
cause, no absolution shall be given hereafter, by archbishops,
bishops, their officials and commissaries, or other ecclesiastical
judges, whether ordinaries or depute legates, with the [vague]
formula: ‘ On account of motives ’ or ‘ Out of considera-
‘ tion of motives,’ or such like phrases; but either they
shall be granted simply, or the reason for which they are
granted shall be inserted in the said absolutions; otherwise
they shall be of no force or account. Item from sentences of
excommunication or other church censures, fulminated from
whatever cause, even of contumacy, no absolutions shall be
given to the effect of enabling any one to bring, prosecute, or
decide an action, or to exercise any other function of a member
of court, save only of giving evidence; otherwise they shall be
ipso jure null and void.
(286) That all transactions of chapters shall be done in
accordance with the rules of chapters.
It is likewise statute that in all chapters and convents all
things shall be done and transacted in accordance with the
rules of chapters in all manner of capitular transactions,
whether as regards giving of consent or as regards subscrip¬
tions and appending of seals ; otherwise the transactions done
and transacted therein shall be null and void.
1 Not included in any of the texts preserved. See note to Statute 277.
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| Scottish History Society volumes > Series 1 > Statutes of the Scottish Church, 1225-1559 > (304) Page 183 |
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| Permanent URL | https://digital.nls.uk/126920634 |
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| Description | Being a translation of Concilia Scotiae: Ecclesiae Scoticanae statuta tam provincialia quam synodalia quae supersunt. With introduction and notes by David Patrick. |
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| Shelfmark | SCS.SHS.54 |
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| Description | Over 180 volumes, published by the Scottish History Society, containing original sources on Scotland's history and people. With a wide range of subjects, the books collectively cover all periods from the 12th to 20th centuries, and reflect changing trends in Scottish history. Sources are accompanied by scholarly interpretation, references and bibliographies. Volumes are usually published annually, and more digitised volumes will be added as they become available. |
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