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
It remains, in this connection, to determine how far the
burgess members were elective or representative in the strict
sense of the word. In the early references to the presence
of burgesses in Parliament, we have no hint of any idea of a
definite representation constituted by a form of election. To the
Cambuskenneth Parliament of 1326 the burgesses seem to have come as
other free tenants came. There attended "burgesses and all other
free tenants of the kingdom." We know nothing of the conditions of
attendance of the burgesses in 1356-57; and in 1366, as we have
seen, "certain burgesses" were present, who had been specially
summoned. In neither case, nor anywhere else, do we find any
suggestion that the burghs chose representatives. We are brought,
therefore, to the year 1367. In that year, when the Estates met, it
was found that so many burgesses attended that their presence would
interfere with harvesting operations, and, accordingly, "certain
persons were elected to hold parliament, and permission was given
to the rest to go home, because of the harvest." This, then, is
the first record of the election of a committee to do the work of
Parliament. The wording of the record is important. "On the part of
the burgesses there were elected: from Edinburgh, Adam de Bronhill
and Andro Bec; from Aberdeen, William of Leth and Johne Crab; from
Perth, Johne Gill and Johne of Petscoty; from Dundee, William of
Harden and William of Inverpeffer," and so forth. Burgesses were
present in considerable numbers--at all events, in such numbers
that two members could be chosen (_electi_) to represent each town.
Similarly, in the next instance (1369), "it did not seem fitting
that the whole community should be kept in attendance," and two
committees were appointed, one for the general work of legislation,
and the other to conduct the judicial business which belonged to
the Estates. It seems not improbable that we have here a system
according to which any burgess that chose might attend. If so,
these elections to committees were really the earliest efforts
at parliamentary representation in Scotland.[37] In short, the
evidence, positive and negative, warrants, perhaps, the conjecture
that, at the first, the burghs chose no representatives, but that
such burgesses as cared to attend were the representatives of the
burgh; that the appointment of committees formed really the germ of
the elective idea, by necessitating a choice after Parliament met;
and that, in course of time, it became apparent that the election
might as well be made at home as in Edinburgh or at Scone.[38] The
earliest records of parliamentary elections that we possess are
statements, in burgh accounts, of payments made to commissioners to
the Estates. It is significant that they date from the beginning
of the fifteenth century, by which time the device of appointing
committees had been frequently employed.
Public-domain text, read in full here on John Shaqi.
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