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
complication arises from the additional Committee of the Estates,
appointed by James I in 1425.[84] The jurisdiction of the Council
in matters of litigation was further defined by James IV, who, in
an act of 1503, provided that "there be a council chosen by the
King's Highness, which shall sit continually in Edinburgh or where
the king makes residence or where he pleases, and decide all manner
of summons and civil matters, complaints, and causes, daily, when
they shall occur, so that there shall not be so great confusion
of summons to call at the session"[85] of the Lords Auditors,
or Judicial Committee of the Estates. We are probably right in
connecting this council, chosen by the king, with the judicial
powers of the Lords of Secret Council, and it may be an imitation
of the English Courts of King's Bench and Common Pleas. The special
powers of this body came to an end with the establishment of the
Court of Session.
The constitution of the Secret Council, as an executive body,
was the subject of legislation during the temporary rise of the
importance of Parliament in the beginning of the reign of James
IV.[86] In 1489 the King's Council was chosen in Parliament. Its
numbers were increased, and an act was passed that this council
should act as the advisers of the king till the next meeting of
Parliament, and should be "responsable and accusable to the king
and his Estates." They were appointed to deal, not only with
justice, but also with all matters concerning the sovereign or the
realm. A quorum consisted of six members, of whom the Chancellor
must be one. But there is no second instance of a parliamentary
choice of the members of the Secret Council, nor any indication
of any control over them, and, as we have just seen, the members
of the Secret Council sitting for judicial purpose were, on the
creation of the committee in 1503, selected by the king alone.
Thus matters continued till the minority of James V, when Council
and Parliament alike became the object of the intrigues of the
factions who were struggling for power, and the Estates were, as
usual, powerless. In 1524 the Lords of the Articles chose the Lords
of the Secret Council, and in 1528, when the Earl of Arran was in
power, he obtained the election, in Parliament, of a Council to
advise the king, and of a smaller Secret Council, from both of
which the leader of the opposite party, Archbishop Beaton, was
excluded. When the records of the Privy Council begin, in 1545,
the council was a small body of advisers of the queen-mother and
the regent, and there is no evidence that the Act of 1489 was
ever really in operation. The Register shows that the council
possessed very full executive powers, and it continued to carry on
the real government of the country. Its numbers increased during
the minority of James VI, the circumstances of which differed
widely from those of any previous minority, and, in 1598, the king
succeeded in reducing the number of its members to thirty-one, and
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