Jump to ContentJump to Main Navigation
The Government of Scotland 1560-1625$
Users without a subscription are not able to see the full content.

Julian Goodare

Print publication date: 2004

Print ISBN-13: 9780199243549

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199243549.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 October 2020

Law and Legislation

Law and Legislation

(p.70) CHAPTER THREE Law and Legislation
The Government of Scotland 1560-1625

Julian Goodare (Contributor Webpage)

Oxford University Press

The system of formal rules by which Scotland was governed had long been a single, national one. Some laws — statutes — received their authority also from parliament, but there was no sense at the outset that this was so for law in general. The general assembly of the church and the privy council have occasionally been claimed as rivalling parliament as legislative bodies, but their measures on closer inspection always turn out to be subordinate to acts of parliament. This chapter discusses the legislative role of the Scottish parliament and traces the unintended rise of a sovereign legislature. Government is broken down into its component parts, from crown and parliament to local commissaries and baron courts. The late 16th century saw regular attempts to codify Scotland's venerated but unusable medieval laws in order to adapt them to current conditions. Meanwhile, parliament began to pass a large volume of legislation. When the codification projects failed, it became clear that the law was fundamentally statutory rather than immemorial.

Keywords:   laws, parliament, legislation, statutes, legislature, government, baron courts, codification

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .