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
Many of the charters after the time of David I describe, in
somewhat vague terms, those who gave their consent and attestation;
and their descriptions have been interpreted so as to afford
ground for a theory of popular representation in the great council
which developed into the Scottish Parliament. Gilbert Stuart
convinced himself that he had proved that Scotland possessed
a full parliament long before the English burgesses found a
place at Westminster.[16] Even the more cautious Hill Burton
considered that "these curious intimations stand by themselves,
an acknowledgment--sincere or not--of the admission of popular
influence in the actions of the government."[17] The claim to
have anticipated the mother of parliaments rests, however, upon a
misconstruction. The phrases on which it is founded are of three
kinds. Some of them are vague words used by chroniclers, into
which an exact constitutional meaning has been read. Others are
the commonplaces of diplomatic, used without any appreciation of
their strict signification.[18] The rest depend upon a misreading
of the texts from which they are taken. The most important term
which comes under the last-mentioned head is one on which Stuart
laid special emphasis. The phrases "all gude men of the kynrik"
and "all the community of the kynrik" are frequently found in the
assizes.[19] The king statutes "be the counsel of the communite."
But there is an assize of William the Lion, which is quite definite
as to the meaning of the word. It was made at Perth, on St.
Augustine's Day, 1184, and it bound "byschoppis, abbotis, erlis,
baronis, and thanys, and all the communyte of the kynrik ... for to
seyk and to get all misdoaris."[20] The penalty for disobedience
was the loss of a manorial court. "Gif ony of thaim be attayntit of
brekand this assyse, he sall tyne his court for evirmar." The whole
"community" were lords of manors. The king, the prelates, and the
barons, great and small, were "the community of the kingdom."
Public-domain text, read in full here on John Shaqi.
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