The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[A1573/4/2]1
Concerning those that divert from others, being joined of before in lawful marriage
It is found and declared by our sovereign lord, [James Douglas, earl of Morton], my lord regent's grace, the three estates and whole body of this present parliament, that in all times past, since the true and Christian religion was publicly preached, avowed and established within this realm, namely, since the month of August 1560, it has been, is and in all time coming shall be, lawful that whatsoever person or persons joined in lawful matrimony, husband or wife, diverts from others' company without a reasonable cause alleged or deduced before a judge, and remains in their malicious obstinacy by the space of four years, and in the meantime refuses all privy admonitions, the husband of the wife or the wife of the husband, for due adherence, that then the husband or the wife shall call and pursue the obstinate person, offender, before the judge ordinary, for adherence. And in case no sufficient causes be alleged, wherefore no adherence should be but that the sentence proceeds against the offender refusing to obey the same, the husband or the wife shall submit themselves to the superior magistrate, namely, the lords of session, and shall obtain letters in the four forms conforming to the sentence of adherence; which charge being condemned and therefore being denounced rebel and put to the horn, then the husband or the wife to suit the spiritual jurisdiction and power and require the lawful archbishop, bishop or superintendent of the country where the offender remains to direct privy admonitions to the said offender, admonishing him or her as before for adherence; which admonitions, if he or she contemptuously disobeys, that archbishop, bishop or superintendent to direct charges to the minister of that parish where the offender remains, or in case there be none or that the minister will not execute, to the minister of the adjacent kirk thereto, who shall proceed against the said offender with public admonitions; and if they be condemned to the sentence of excommunication, which once being pronounced, the malicious and obstinate defection of the party, offender, to be a sufficient cause of divorce and the said party, offender, to forego and lose their tocher and wedding gifts.
- The Actis of King James the Sext, printed by R. Lekprevick (St Andrews, 1573), ff.14r-v. Bound with earlier parliamentary material at NLS, Acts 1566, Ry.II.b.7.