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 the reign of Robert the Bruce, as we find the first advance
in membership we meet also the first indications of a growth of
power. His parliaments took measures for the security and defence
of the kingdom; they passed laws regulating the succession;
they established the English principle involved in the writs of
Novel Disseisin and Mort d'ancestor; they addressed the Pope on
the subject of the English claims, and told him of their great
deliverance at the hands of King Robert. The great parliament of
1326 made a bargain with the king. In consideration of the "many
hardships he had sustained both in person and goods," during his
ten years' conflict with the invaders, they granted him "the tenth
penny of all their fermes and rents, as well of demesne lands and
wards as of their other lands." The collection was to be made
by the king's officers; and all who claimed liberties promised
faithfully to pay the proper sum to the royal servants. The grant
was made only for the king's life, and two conditions were
attached to it. Any remission made by the king would invalidate the
whole grant. The king must not impose any further taxes (except,
of course, the ordinary feudal dues), nor must he take prisage or
carriage, except on a journey, and, even then, not without payment.
In the last parliament of the reign, the treaty of Northampton,
by which England acknowledged the independence of Scotland, was
discussed.
The first reign in which the term parliament is really applicable
is that of King Robert. At the very beginning of parliamentary
history in Scotland, we have, then, distinct precedents for three
important constitutional rights--the regulation of the succession,
participation in the settlement of foreign affairs, and powers
of taxation. If we could regard these as having been claimed
by Parliament with consciousness of their full significance,
and admitted by the Crown, we might fairly join with the older
historians in urging that Scotland can be said to have anticipated
the parliamentary institutions of England. The explanation lies
in the circumstances of the reign. The king's title consisted in
his leadership in his glorious war. The succession was uncertain;
the Crown was poor; the nation was loyal. A writer on the English
constitution could take these three points of which we have spoken,
and trace their history through the centuries. Such a method would
be futile here. These rights, and all other rights, stand or fall
together. We can scarcely draw the wonted distinction between
political and constitutional history. At times, we have neither, in
any strict national sense; only family and personal history.
Public-domain text, read in full here on John Shaqi.
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