=26. Summary.=--The separate History of Scotland, which may be
said to have ceased with the Union, is chiefly remarkable from its
unconnected and fragmentary character. Each of the periods into which
it is naturally divided breaks off abruptly, and exercises little or
no influence on the period which comes after it. The Celtic system
comes to an end with the last of the Gaelic kings. During the English
period English laws and English customs are introduced, but this
English influence is suddenly checked by the War of Independence, and
the period which begins with the independent kingdom is no more the
natural result of the second than the second is of the first. During
the third period the Roman Law is introduced, and France takes the
place of England as the model for imitation. The Scottish system of
representation, which became fixed during this period, had much more
in common with the French National Assembly than with the English
Parliament. The Three Estates, which met in one chamber, were the
Church, the barons, that is the tenants holding direct from the Crown,
and the burghers. The Commons as a class were not represented at all.
It is the Reformation which first brings the Commons into notice. The
feudal character of the legislature and of the national representation
drove the energies of the people into the only channel that was left
open to them--that of religious thought. Hence it came that in Scotland
the great struggle for political freedom was fought out under the
cloak of a contest for liberty of conscience. From the Reformation
to the Union the history of the country is little but the record of
a series of religious wars. The history of Scotland also gives us a
picture of pure and unmixed feudalism. The feudal system which was
introduced under the sons of Malcolm and Margaret took much firmer root
in Scotland than it ever did in England; and, as it was here untouched
by the Common Law and the growth of the constitution which acted as
checks upon it in England, it grew to such an excess of power that
it quite overshadowed the power of the Crown. The practice of making
hereditary jurisdictions, and of granting powers of regality, still
further increased the influence of the feudal nobles. Feudalism existed
in Scotland long after it had been overthrown in England. Its power
was first broken by the Act which was passed in 1748 for abolishing
heritable jurisdictions, and even after that Act it continued to
influence the representation. Feudalism in Scotland was not finally
overthrown till the passing of the first Reform Bill in 1832. Nor was
it till after that reform that the Commons of Scotland were represented
at all in Parliament The rebellions in favour of the Stewarts in 1715
and 1745, though they were the cause of much useless bloodshed, led to
very happy results as far as the social prosperity of the country was
concerned. The abolition of the heritable jurisdictions did much good,
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