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 subsequent history of these committees proves that, whatever
was their origin, they did become an instrument in the hands of
cliques of nobles. The next instance is in March 1371-72, when
the precedent of 1369 was deliberately followed,[52] and two
committees were again elected--one for justice, and the other
to treat and deliberate upon special business as a preliminary
to its being brought before the great council.[53] It is simply
stated that leave was given to the rest to go away. There are
no lists of members of either committee, nor is there any record
that the "special business" was ever submitted to a parliament.
The statutes promulgated by the committee bear that they have
been made by the consent of the three Estates, or by persons
elected in the same parliament to transact business.[54] An oath
to observe the statutes was taken after they were passed, and it
is remarkable that only the barons are mentioned as taking it.
This is suggestive of the absence of burgesses from the General
Committee, in accordance with the precedent of 1369, and the very
first clause[55] in the recital of the actions of the General
Committee gives some indication that it was desired to exclude
certain persons from it. It was ordained that no one who had been
elected a member of the committee should bring to its meetings
anyone not so elected, except a member of the Privy Council. The
business included an act which is summarized by an assertion that
the commands of the king are not to be obeyed in preference to the
law of the land ("Mandata Regis non exequenda contra statuta vel
formam iuris"). The weakness of Robert II, already an old man, and
the general political history of the time, render it impossible
to accept this as a constitutional claim, and the overwhelming
probability is that Parliament was, as so often afterwards, in
the hands of a small clique of nobles, who used it for their own
purposes. Possibly, the barons who were really responsible for
the misgovernment of the country, wished to avoid meeting, in the
committee, anyone who might be bold enough to draw attention to the
real facts of the case. At all events there must have been some
reason for following the precedent of 1369 instead of that of 1367,
and thus excluding the burgess element.
Public-domain text, read in full here on John Shaqi.
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