Scottish Laws of Olde

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Henri De Ceredigion
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Scottish Laws of Olde

Postby Henri De Ceredigion » Tue Nov 26, 2013 11:23 am

As part of their coverage of the forthcoming Scottish Independence Referendum, Sky News has been listing some of the laws passed by the Scottish Parliament before it's abolition in 1703. These laws include:

1445: The Dress Code (making it a criminal offence, incurring a £10 fine, for being incorrectly dressed)
1471: Football and Golf being banned
1496: The Education Act (that ensured schooling was more widespread)

One of the questions being asked is "Does this mean that Scotland is ahead of England?" and I would like to know "Was Scotland ahead of England in three areas of legislation?"



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Grania
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Re: Scottish Laws of Olde

Postby Grania » Tue Nov 26, 2013 12:17 pm

Very interesting.
It would be interesting to know about earlier laws - were they like the Welsh and Irish native law systems? If so, then it could be argued that all three were ahead of the English (and in some cases, frankly, the world is only just catching up).


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Medicus Matt
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Re: Scottish Laws of Olde

Postby Medicus Matt » Tue Nov 26, 2013 1:03 pm

Grania wrote: If so, then it could be argued that all three were ahead of the English .


In what way?
The laws of Æthelberht were written down in the very early 7th century, at least as early and probably earlier than the codification of the Brehon laws of Ireland. Like the Brehon laws it was presumably based on pre-existing laws and customs and, like the others, set down laws concerning property rights for divorced women.

Now, if you mean that all three were ahead of the Normans, rather than the English then yes, I'd agree with you.


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Lindsay
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Re: Scottish Laws of Olde

Postby Lindsay » Tue Nov 26, 2013 1:40 pm

The records of the Scottish Parliament (pre 1707) are available online:
http://www.rps.ac.uk/


Historians did it in the past.

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The breakaway Society for the Appreciation of Guthrie.

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Grania
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Re: Scottish Laws of Olde

Postby Grania » Tue Nov 26, 2013 9:30 pm

I've yet to find a decent source to find my way around Anglo Saxon laws properly, so yes I mean Norman (my post was, now that I think about it, thinking about other law systems at the time given, so 15th century).

Status of women is a big one, also thinking about smaller details in a number of areas - for example taking into account mental state, or other kinds of pressure on a person who commits a crime, which in many cases didn't come into law elsewhere for several more centuries. An interesting example - that a food craved by a pregnant woman could be taken without penalty. Same applied to a homeless person stealing food.

I'm not saying there are no similarities in other law systems, but the differences are interesting


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