Scotland under her early kings, Volume 1 (of 2) : $b a history of the kingdom to the close of the thirteenth centuryRobertson, Eben William
History
Scotland under her early kings, Volume 1 (of 2) : $b a history of the kingdom to the close of the thirteenth century
Robertson, Eben William
Scotland -- History -- To 1603
Very stringent rules were either enforced, or confirmed, in a
subsequent reign for all cases in which a priest was called as
warranter. The necessity of open dealing in all transactions connected
with property was enforced upon the clergy by rendering it unlawful
for a priest to receive gift or tithe except in the presence of “good
and true men”--the _Witnesses_ probably of a bargain between
laymen--and he could not be summoned as a warranter without the
testimony of “three leal men,” evidently the witnesses in question.
If he named the donor, when the gift was challenged, and produced his
three witnesses, the responsibility was shifted upon the person named,
who, in addition to any other penalties, was bound to make good the
value of the gift to the priest; and if the latter stated that the
claimed property was his own, or, if cattle, reared by himself, his
assertion was to be corroborated by the oaths of “three leal men;”
and to guard against all undue influence, their credibility was to be
vouched for by the lord of the Vill. It was not from any suspicion of
the ecclesiastical body that the law required their evidence to be thus
corroborated on such occasions, but rather from a perfect appreciation
of the practice, not confined to cattle-lifters, of compounding for a
course of evil doing by dedicating a portion of ill-gotten gains to
the church. Hence the necessity of the lord of the Vill vouching for
the credibility of the witnesses, thus becoming responsible for the
penalties of their perjury; for the priest who was capable of receiving
stolen goods would have scarcely hesitated at exercising the influence
of his sacred character amongst ignorant, or unscrupulous, parishioners
in order to clear himself from the consequences of his offence.[294]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account