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
The right of the smaller barons to attend councils as
tenants-in-chief of the king had never been denied; but there was
little to induce them to take advantage of their opportunities.
Travelling was expensive and dangerous, and unpleasant incidents
were not unlikely to occur in their absence. Their power in
Parliament was small. Most of them felt that they were sufficiently
represented by the great lord to whose person and interest they
had attached themselves. We frequently find them appearing by
procurators. When King James I returned from his long imprisonment
in England he adopted the policy of using the smaller barons
against the too powerful nobles. He had been captured by Henry IV,
and educated amid the influences of Lancastrian constitutionalism.
His aim in Scotland was to introduce a "new monarchy," and he
determined to make the existence of Parliament the main weapon in
the encounter with his rebellious lords. Accordingly, in the year
1425, we find that all prelates, earls, barons, and freeholders,
"since they are holden to give their presence in the king's
parliament and general council," are enjoined to appear in person
"and not by a procuratour, but if that procuratour allege and
prove lawful cause of his absence." The result perhaps surprised
the king. There were many "lawful causes." We have no record of
the form they took; nor do we need any record, for the political
history of the period is clear enough. All that the rolls of
Parliament can tell us is that the experiment was unsuccessful, for
two years later James adopted a much bolder plan, and introduced a
serious modification of the constitution:
Item, the king, with consent of his whole council general, has
statute and ordained that the small barons and free tenandry need
not to come to parliament nor general councils, so that of every
shiredome there be sent chosen at the head court of the shiredome,
two or more wise men after the largeness of the shiredome, except
the shiredomes of Clackmannan and Kinross, of the which one be
sent of ilk ane of them, the which shall be called commissioners
of the shire.
It was not, of course, the English system of representation.
The English voter had no right to be present in Parliament. His
representative did more than merely save him the trouble of
attendance. King James did not propose to extend the franchise
as it had been extended in England. His proposal was much more
conservative. But it was never operative, and, in a few years,
it was completely forgotten. The smaller barons continued to
be regarded as bound to give attendance in Parliament, and
occasionally some of them were punished for absence.
Public-domain text, read in full here on John Shaqi.
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