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 relations of the Estates to the Crown were in an unsatisfactory
condition. In times of stress the Parliament had no hesitation in
appointing its own president. Randolph, in his letter to Cecil,[45]
mentions that, in 1560, Lethington was "chosen harangue-maker."
In 1640, again, Robert, Lord Burley, was elected "president of
this court and session of Parliament, in the absence of the king's
commissioner." In strict legal theory both of these meetings
were probably invalid. It is difficult to understand how far the
royal assent was necessary to the validity of acts. In ordinary
circumstances, a necessary condition of a valid parliament was the
presence of the regalia, and the king gave his approval by touching
the bills or "articles" with the sceptre, whereupon they became
acts of parliament. The want of constitutional life prevented the
question from arising in a definitely constitutional manner. When
the difficulty did appear, it was, like the similar problem of the
presidency, settled without any debate; and we have no instance
except in times of revolution. There is an interesting passage in
Knox's _History_[46] in which he discusses the matter in connection
with the great Parliament of 1560, which established the Protestant
faith, and which did not receive the royal consent till it was
ratified in 1567, when the Earl of Murray had assumed the regency
for the infant whom he had made James VI. The historian tells us
that Francis and Mary withheld their consent. "But that we litill
regarded or yit do regarde; for all that we did was rather to
schaw our debtfull obedience, than to beg of thame any strength
to our Religion." The point is thus contemptuously dismissed, but
Knox considered it necessary to give more attention to a possible
objection that the Parliament was not legally summoned in the
first instance. "But somewhat most we answer to suche as since hes
whispered, that it was bot a pretended parliament." He solved the
matter by a legal quibble, and proceeded to affirm, in addition,
that it was the only free parliament which had been held: "In it,
the votes of men were free and gevin of conscience; in otheris
thai war bought or gevin at the devotioun of the prince." Such
sentiments as these can scarcely be said to represent any advance
in constitutionalism. We may place alongside of them the views of
King James VI, as he expressed them to his English Parliament in
1607.[47]
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