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
in rendering it completely dependent on the Crown, while, at the
same time, he made it, as far as he could, the paramount authority
in the land, not only in matters pertaining to the Executive,
but also in connection with justice. It was in no sense a Court
of Appeal; but it not infrequently reversed judgments of the
Court of Session, and sometimes dictated their course of action
to the judges. Any such interference arose, however, from the
plenary powers of the council as an executive body. After James's
accession to the English throne, the Privy Council became the mere
instrument of the king's will, and dared in no way to oppose him,
while he, on his part, treated it with scant respect or courtesy.
At the outbreak of the troubles in the reign of Charles I, it was
prominent in opposing the king; but it was afterwards eclipsed
by the Parliamentary Committees and by the Assembly. After the
Restoration it became again an instrument of absolute monarchy, but
from the Revolution to the Union of the Parliaments it possessed
very important powers.
With this preface, we may proceed to our main issue: what was the
influence exerted by the Scottish Parliament, thus constituted,
governed by such rules of procedure as we have described, and
surrounded by so many powerful rivals? The early laws which have
come down to us as illustrating the powers of the Great Council are
mainly concerned--like so many later enactments--with matters of
administrative detail. The assizes of William the Lion deal largely
with merchandise and the rights and obligations of merchants, and
scarcely fall within our province. The work of the Great Council,
up to the War of Independence, was to deal with police and
judicial administration, to settle feudal claims and obligations,
and to make grants to the king. We find the council consulted
on marriage treaties (_e.g._ in 1153 and in 1295); but marriage
treaties involved expenditure. The task of advising the king and of
carrying on the government must have belonged to a select council
of which our constitutional documents bear no trace.
Public-domain text, read in full here on John Shaqi.
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