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Oldest act of government in Scots

Categorised in: Writing Medieval
King Robert III

In the year 1397 – apparently during the month of April – a General Council of the Kingdom was held at Stirling. The significance of this Council for Scots was the statute that it passed in the name of King Robert III (ruled 1390-1406). The Statute of Stirling is now the earliest surviving act of government to be issued in the Scots language and demonstrates the once normal place that the language enjoyed at the heart of officialdom and government in Scotland. We may choose to reflect on this tradition and the ways that it might be maintained by the new Scottish parliament. During the 1397 Council the political community of Scotland complained of a general break down of law and order. The General Council resolved to try and limit the number of followers anyone could take on journeys - to prevent feuds and raids - and also instructed local sheriffs to be more diligent in tracking down and handing over law breakers. The sheriffs and their men were also to be liable to fines for any wrong doing on their part. The text of the original Statute is as follows:


Statute of Stirling 1397
Item in the consail general of stryvelyn seyn and consideryt the grete and horrible destruccion heryschippis brynyngis and slachteris that ar sa commonly done throch al the kynrike It is statutit and ordanyt with assent of the thre communates thar beande that ilke schiref of the kynrike sal publy ger crye that na man rydand or gangande in the contre lede mar persons with hym bot thaim that he wil mak ful payment for Ande that na man vse lik destruccions slachtir Reif na bryning in tyme tocum under payn of tynsale of life and gudis the quhilke crye made ilke schiref sal tak diligent enquerres gif ony be common destroyeris of the contre and other derstruys or has destruyt the kyngis legis with herschippis slachtis bryning or ettyng of the contre. And gif ony be fundyn be enquerre of sic trespassouris the schiref sal do al his besines til arest thaim and he sal lat thaim to borch til apper at the next iustice air as day preemptor Ilke ane vnder the payn of XX ponde. And he that apperis nocht at the next iustice air sal be at the horne and his borous sal pay the payn and mak affecht to the party pleygnand and gif ony be that may nocht fynde sic borrows the schiref richt then sal gif knaulage of assise and gif he be taynt with the assise for sic a trespassour he sal be condampnit to the deid And gif ony of tha misdoeris fleys out of a schirefdom in ane other the schiref that he fleis fra sal write in quhais schirefdome he is reset byddand hym on the kyngis behalfe that he arrest sic a fugitive mysdoer and send hym til hym agayn To the quhilk bydding the schiref sal be haldin til obese and to sende hym agayn the quhilk send again the schiref that he is send to sal procede in the maner beforsaid. And in the samyn maner sal al lordis and officeris of regalites ansuer to the schirefis lettres and the schiref to thair lettres as to the arrestyng of the fugitives In the execucion of the quhilkis arrestis al barons freholdaris and al other the kyngis legis sal helpe and suppouvel the schiref and al other officeris of the kyngis at al thair pouer alswele again thair awyn men and retenwis as again other And gif ony be fundyn sautif in that poynt that he risis nocht with the kyngis officeris as is beforsaid and that may be prouit before the Justice othir with witness or with assise he sal pay X pound to the kyng without remission. Apon ther articles the Justice in ilke iustice air sal tak knawlage als apon schirefis gif thai deuly thair det to thair offic in the execucion of this statut as upon al other that suppouel nocht the kyngis minsteris in the maner beforsaid. And it is ordanyt that the chanceller sal write preceptis of this statut til al schirefis Justices in als fer as in thaim is and con…or pertenis to thaim.