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 has been surmised that the clergy and the burgesses acted
with the Crown, in opposition to the nobles; but to state such
a formula is to read English ideas into Scottish history. The
historian can point to scarcely an instance where the nobles were
definitely ranged in a body against the king. If nobles were the
most prominent opponents of the Crown, nobles were also its most
prominent supporters, although the _personnel_ of both parties
constantly varied. The bishops, as we have seen, were often
dependent upon the great lords. As to the burgesses, it seems to be
clear that the three or four of them who were included among the
Lords of the Articles acted with the party in power. Only thus can
we explain the fact that alike when the Douglases and the Boyds
and the Hamiltons ruled the land the administrative enactments
of Parliament progressed without any difficulty. These acts were
frequently passed "by request of the burgesses," and they were
obeyed only in the towns. The people of the towns had small reason
to oppose either noble or king. The hand of the great lord lay
heavy on the inhabitants of the country, but the burghs knew no
such pressure.
4. Scarcely less important than the membership of a parliamentary
body is the method of its deliberation. In this respect the
Scottish Parliament was widely different from that which sat at
Westminster. The three Estates met in one chamber. In the centre
was the seat occupied by the sovereign, when he was present in
person; in later times, by his commissioner. On the left hand
sat the noblemen and barons; on the right, the prelates and
the representatives of burghs. The Estates voted together. The
president was, in general, the lord chancellor. He was, at the
first, nominated by the king for the purpose, but he gradually
came to hold the position _ex officio_. The absence of a speaker
for the Commons deprived them of much of the power possessed by
the third Estate in England. The Act of 1427, to which we have
already referred, included among its provisions the creation of
this office; but, like the rest of the act, this clause was not
enforced, and it was never resuscitated. The theory of the three
Estates was practically complete by the year 1400, although we
have occasional instances of legislation without this formality.
A parliament of James II, for example, made a statute regarding
merchants "with consent of the clergy and barons alone," and in
1449, on a question of heirship, the prelates and burgesses were
"removed" before the decision was made.
Public-domain text, read in full here on John Shaqi.
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