Fletcher of SaltounOmond, George W. T. (George William Thomson)
History
Fletcher of Saltoun
Omond, George W. T. (George William Thomson)
Fletcher, Andrew, 1655-1716
And so, to the intense indignation of Fletcher, the old Scottish
‘Estates’ became a thing of the past. It would be difficult to find,
in the history of any other country, laws more harsh and sanguinary
than the long series of enactments which the Parliament of Scotland
had passed for the purpose of suppressing liberty and increasing the
power of the Crown. The independent spirit of the English people had
constantly been reflected in the independent spirit of the English
Parliament. The Scottish Parliament had been, before the Revolution,
submissive to tyranny, because it did not fairly represent the people,
and because of the defects which were engrained in its constitution.
It had been a Parliament of which the only function, except on a few
memorable occasions, was to pass, almost in silence, the laws which
had been prepared by the King’s servants. It sat for only a few days
in each session, and free debate was almost unknown. The franchise by
which the county and burgh members were elected was always in the
hands of a few persons; and latterly, although a majority of the
Scottish people were Presbyterians, no one who was not an
Episcopalian could be either an elector or a member. The savage laws,
therefore, which were passed, and which have frequently been quoted
for the purpose of proving the slavish spirit of the Estates, were
just the laws which, in an age of violence, might be expected to
proceed from a legislature which represented only a tyrannical
minority in the country. There were, indeed, times when the Scottish
Parliament threw off the yoke. In the reign of Charles the First it
extorted from the weakness of the King concessions which would never
have been obtained by an appeal to his clemency; and in the reign of
James the Second even the Lords of the Articles refused to act any
longer as the blind tools of despotic power. The occasions, however,
on which the Estates resisted the royal authority had been few. There
is, nevertheless, a brighter side to the picture; for the Scottish
statute law relating to private rights was equal, if not superior, to
anything which the English Parliament had produced at the close of the
seventeenth century. Wonder has often been expressed at the
marvellously concise language of the Scottish Acts of Parliament. But
the explanation is very simple. Each statute was the work of one or
two thoroughly trained lawyers, who knew exactly what they wished to
say, and whose productions were not afterwards subjected to the
unskilled criticism of a large assembly.
Public-domain text, read in full here on John Shaqi.
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