The Scottish Parliament Before the Union of the CrownsRait, Robert S. (Robert Sangster)
History
The Scottish Parliament Before the Union of the Crowns
Rait, Robert S. (Robert Sangster)
Scotland. Parliament -- History
An obvious parallel may be drawn between the Scottish Parliament,
as we have described it, and the English Parliament under the
Houses of York and Tudor. Historians of English constitutional
history have frequently pointed out that these sovereigns were, by
their use of Parliament, establishing, not their own power, but
that of the institution which they regarded as a passive instrument
in their hands; that Edward IV and Henry VIII were preparing
difficulties for James I and Charles I. The force of this argument,
as applied to Scotland, is greatly lessened by the fact that the
rulers of Scotland did not regard as essential the consent even of
a subservient body of Estates. Parliamentary ratification was, at
best, a convenient method of declaring and recording what had been
done. But it was no obstacle to an act of the executive that it had
not been thus sanctioned. This want of the continuous and normal
employment of parliamentary procedure combined with political
causes to prevent the appearance of the effect produced in England.
The view that we have stated can, of course, be pressed too far.
The mere existence of parliamentary institutions, whatever be
their condition at any given time, is in itself a menace to any
government not founded on the will of the people. They represent
what physicists call "potential energy." It is, moreover,
impossible for such institutions not to affect, in some way,
the life of the people, and to influence the civilization of the
country. There were various times when the Scottish Parliament gave
an earnest of what power lay underneath its acquiescence. There
were occasions when the rise of a constitutional opposition was
even probable; and there are places of which we can definitely say
that here or there occurred an event in constitutional progress.
But an investigation in the light of political history will, we
think, go to establish the general truth of the theory we have
adopted. It might be objected, _a priori_, that such a theory does
not afford sufficient reason for the continuous existence of the
Estates. But in the troubled story of mediæval Scotland we find,
readily enough, the explanation at once of the continuous existence
of Parliament and of the place that it occupied. It was a strictly
feudal society, but it lacked the redeeming features of feudal
government. Feudalism as a system of land tenure was complete, and
it still remains the basis of Scots law. As a system of government
founded upon land tenure, Scottish feudalism was, from one point
of view, equally efficient, while, in another aspect, it could
scarcely be said to exist. The Scottish baron was also the Scottish
chief, and to the power of the oath of allegiance was added the
mighty influence of clan loyalty. But outside this feudal hierarchy
stood the king. Every land-owner in Scotland held from him, and
none regarded him as deserving of more than tolerance. The royal
domains were not large enough to enable the Crown to cope with
Public-domain text, read in full here on John Shaqi.
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