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
When the Great Council developed into what we understand by
the word "parliament," it took its place as one of a series
of competitors for the chief power in the kingdom. The king's
prerogative was sufficient to cover everything that he was able
to do, and an undefined law of treason[77] gave him a valuable
weapon, which he did not fail to use. The most notable danger to
the prerogative was the supersession of the royal power by the
rise of certain noble families from time to time. The strength of
these nobles lay in the number of their retainers, over whom they
had absolute power. Most of them were hereditary sheriffs of their
own districts, and it was rarely that either king or parliament
ventured seriously to interfere with their judicial powers.
The Parliament found an additional rival in the Secret--afterwards
called the Privy--Council, which formed the Executive of the realm.
Little is known of the early history of this important body. Its
origin has generally been ascribed to the Parliament of 1369,
which, as we have seen (cf. pp. 40, 41), appointed a Committee to
discuss certain matters before they came before Parliament.[78]
This, however, refers to the Lords of the Articles, and when the
Committee of the Articles was appointed two years later, the
precedent of 1369 was avowedly followed. It is not, therefore,
possible to identify this body with the king's secret council,
mentioned two years later, when urgent private business, relating
to the succession, was discussed "in the king's secret chamber in
his secret council,"[79] as contrasted with the king's chamber
of public Parliament.[80] This allusion to a secret council
probably indicates not the origin, but the existence, of such a
secret council of royal advisers as must have come into being
centuries before. The small place held by the Parliament in the
government of the country left the Executive or Secret Council
a still more valuable instrument for those in power, and it is
impossible that the kings of Scotland did not possess a private
council before 1369. The next definite reference is in 1389; when
the Duke of Rothesay was appointed regent for Robert III (cf.
p. 75), his power was limited by a council, of which eighteen
members were appointed by the Estates--probably an enlarged
form of the Secret Council.[81] But this was only a temporary
arrangement, and it is very doubtful if Mr. Hill Burton is right
in treating the King's Secret Council as one of "the three great
Committees of Parliament."[82] It is more natural to regard it as
analogous to the English Curia Regis, and not ultimately connected
with parliamentary institutions. Like the English Curia Regis,
it exercised judicial powers from an early period, probably in
connection with its general work of administrative order. It is not
easy to distinguish between the jurisdiction of the Council, and
that of the Lords Auditors, or Committee of Parliament, elected
from 1369 onwards,[83] to decide legal cases, and a further
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