Papal Jurisdiction Act 1560

The Papal Jurisdiction Act 1560 (c.2) is an Act of the Parliament of Scotland, and is still in force.[1] It declares that the Pope has no jurisdiction in Scotland and prohibits any person from seeking any title or right to be exercised in Scotland granted under the authority of the Pope, on pain of proscription, banishment and disqualification from holding any public office or honour. The equivalent statute in England is the Act of Supremacy 1558 which restored the effect of the Statute in Restraint of Appeals.

Contents

Extract

“ The thre estaitis then being present vnderstanding that the Jurisdictioune and autoritie of the bischope of Rome callit the paip vsit within this realme in tymes bipast hes bene verray hurtful and preiudiciall to our soueranis autoritie and commone weill of this realme Thairfoir hes statute and ordanit that the bischope of Rome haif na Jurisdictioun nor autoritie within this realme in tymes cuming And that nane of our saidis soueranis subiectis of this realme sute or desire in ony tyme heireftir title or rycht be the said bischope of Rome or his sait to ony thing within this realme vnder the panis of barratrye That is to say proscriptioune banischement and neuir to bruke honour office nor dignitie within this realme....[2] ”

Usage

The Scottish Catholic Hierarchy was restored by Pope Leo XIII in 1878 without legal reaction and remains in place today. This does not contravene the Act, as the titles granted by the Pope give no authority over anyone, unless they freely accept it.

References

  1. ^ Letter from Law Registry "Thank you for your query of 20 March concerning the Papal Jurisdiction Act 1560, as passed by the Scottish Parliament. You asked firstly about the current status of this law. The Act has not been repealed in the intervening years and remains on the statute book in Scotland." Graeme Jardin, Senior Editor, Statutory Publications Office
  2. ^ Full text of Act

External links

Official text of the Papal Jurisdiction Act 1560 as amended and in force today within the United Kingdom, from the UK Statute Law Database