Previous to the period we are now entering, a person addicted to
intemperate language might have been called to account by his church, or
at the bar of his own conscience. He could not have been called to
account by the State. The suggestion of State interference, so far as
concerns the southern division of this island, seems not to have
previously occurred, and we are consequently justified in inferring that
the necessity for it had never seriously arisen. There is, indeed,
complete cohesion and consistency in what was happening. We believe we
have shown elsewhere whence it was, and when it was, that the English
people first began to swear, and we are confirmed in our conclusions by
finding that this was the precise period at which English law-makers
began to legislate upon swearing.
Passing over barbarous and obsolete laws of a more imperfect
civilisation, we find that the first essays in State control commenced
in Scotland. A full half century before the question came before
Elizabeth's parliament, the sister kingdom had the benefit of a statute
inflicting a monetary penalty upon the use of oaths. This enactment,
passed by the Scottish parliament of 1551, calls for notice upon other
grounds besides those of morality. If a legal document can be said to
partake of a poetic character, it was certainly the case with this
ordinance of Queen Mary, which seems to have been directly inspired by
the metrical labours of William Dunbar, then lately the national poet.
The verses of Dunbar to which this result can be partially attributed
are those known as 'The Sweirers and the Devill.' It is certainly
remarkable that the framers of the Act would seem to have prepared its
clauses with Dunbar's poetry open before them. At all events, the
statute literally recites the "ugsome oaths" that are used by the old
versifier. There is a severity in the statute at which Dunbar himself
would have been surprised had he lived down to Mary's reign. In
particular, it enacts that "a prelate of kirk, earl or lord," shall for
the first offence be fined to the extent of twelve pennies, but for the
fourth the delinquent shall be banished or imprisoned for a year.
Public-domain text, read in full here on John Shaqi.
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