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Example Legislation
The Scots People are Sovereign
The Parliament held at Perth, 18th February, 1369, reminds the king's men
that parliament and the will of the people is above the king:
The Justiciar, Sheriff, or other officer of the king is not to execute any
warrant contrary to the statutes and the common law, even though it be under
the great, or privy seal, or the signet.
Ignorance of the Law is No Excuse
The Act 1425 c 67 takes steps to ensure that the law is publicised:
Item: The king with the consent of his Three Estates of the Realm has ordained
that all statutes and ordinances of this parliament and of the two parliaments
preceding be registered in the king's register and given to the Sheriffs,
which statutes and ordinances each sheriff to be held to publish openly in the
chief place in his sheriffdom and other notable places, and also to give the
copies of them both to prelates, barons and burghs of his baillery upon the
expense of the askers; and that each sheriff be compelled to keep the tenor of
this act under the pain of deprivation of his office; and that each sheriff
give open bidding to the people of his baillery, both to land and to burgh, to
keep and fulfil all statutes and ordinances made in the said three parliaments
under the pain contained in the acts of them, so that none have cause to
pretend or allege any ignorance.
Protecting the Rights of Individuals
The Act 1621 c 33, protecting the rights of individuals against private
Acts of Parliament:
For as much as in this present session of Parliament there are many
ratifications and acts in favour of particular persons passed, wherein diverse
and new clauses are insert which may be prejudicial to particular parties'
rights, and derogative unto many and sundry laws lawfully made and established
of before, albeit the meaning of the estates be at this time as it was ever in
all proceeding parliaments, that by no Act of Ratification or Act granted unto
any particular person, any other party should be hurt or prejudged; For remeid
whereof it is statute and ordained that no Ratification nor other Act made in
favour of any particular person, shall be prejudicial to any private parties'
right, But that the said Ratifications and Acts made in favour of particular
persons be always understood salvo jure cujuslibet. (reserving the
rights of all others).
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