Jul 09 2008

Act of Sederunt prohibiting Advocates to use indecent and disrespectfull Expressions 1709: on this day

The Court of Session term ends on Friday. Only three more days to be careful…

9 July 1709

Forasmuch as of late, indecent and disrespectfull expressions are so frequent in informations, petitions and answers, that it is necessary ane effectuall remedy be provided against the same; therefore the Lords of Councill and Session ordain all advocates to be careful, that all petitions, answers, informations and other papers to be put in the boxes, be formed and drawn with all decent and respectfull expressions towards the Judges and parties, with certification to any advocate who shall transgress the premisses, he shall be debarred from the Parliament-house during the time of the Session, after he transgresses, or furder punished according to his offence.

From Tait’s collected Acts of Sederunt, 1553 to 1790, at page 232. A later commentator notes “We find some instances of … general declarations of law, without seeming to arise out of any particular cause then before the Court. But it is plain that there must have been some proceeding which gave occasion to them … the circumstances of which cannot now be traced…“.

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