The Scottish Parliament Before the Union of the Crowns — John Shaqi
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
Between the year 1371 and the return of James I from exile we have
no information regarding Parliament. There are references to the
three Estates in 1384, and again in 1398; but we are without any
hint of the method of conducting business, and almost the only
records that have come down to us are charters. In 1424 the old
phraseology reappears: Certain persons were elected to decide upon
the articles submitted by the king ("Electi fuerunt certi personae
ad articulos datos per dominum regem determinandos"). This is
the first recorded instance of the term "Articles," by which the
committee was to be known. In March 1425-26, there is no record of
any such committee. In March 1425-26, in May 1426, and in September
1426, we find committees which are said to be elected by the whole
counsel of the three Estates. In July 1427, in March 1427-28, in
July 1428, in April 1429, in March 1429-30, and in April 1432, we
have again no record of their existence. At a parliament held at
Perth in October 1431, a committee was appointed for special police
and judicial purposes, and it met in May 1432 and passed certain
acts. In March 1433, we read of no committee; in October 1434, only
of a committee for justice, which included burgess members; and in
1436, of no committee. From the second year of the active reign
of James I to his death we have, then, no trace of the General
Committee of the Articles.
Between the murder of James I, in February 1436-37, and the fall
of the house of Douglas, in February 1451-52, there are records of
several meetings of Parliament, but there is rarely any evidence of
the presence of burgesses at all. In connection with the coronation
of James II, there is a formal document, of uncertain date, which
revokes grants of land made by James I without consent of the
three Estates, and commissioners of burghs are mentioned as being
present at this "general council." The revocation is of political
importance, and has no real constitutional significance. When
Parliament met, in March 1437-38, the three Estates are mentioned,
but only nobles and barons and freeholders went to Holyrood to
crown the young king.[56] These are just the formal occasions on
which it was desirable to have the unquestionable legal authority
of the "three Estates," and burgesses may have been really there,
though it is strange that they were not present at the ceremony
in the Abbey. There is no trace of their presence till 1449,
and, in their absence (if absent they were), we find no hint of
the existence of committees. They were present at the Parliament
which met in January 1449-50,[57] when the young James II first
asserted himself by procuring the forfeiture of the Livingstones.
It is equally significant that committees were not elected on this
occasion; it is becoming evident that the device of the Articles
was employed, not in every case when burgesses were present, but
only when their aid was not desired by the predominant party in
Parliament.
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