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
The Parliament of 1326 had declared that any personal remission
of taxation by the king would render the whole grant null and
void. The Parliament of 1369 went much further. It enacted that
no remission granted by the king to a convicted offender should
have any force, and it asserted that any writ of the king was
invalid which contradicted any statute or was not in accordance
with the common law of the realm. This constitutional statement
marks the "highest" doctrine propounded by the Scottish Parliament
till the seventeenth century. While it is necessary to guard
against laying too much stress on the history of the reign of
David II as illustrating the growth of strictly constitutional and
parliamentary principles, it would be erring on the other side to
deny that here we have a distinct assertion of principle. We have
been forced to discount much of the recorded action of Parliament,
on the ground that it is merely an instance of a number of
nobles uniting to do what none of them was powerful enough to do
alone. But the Parliament of 1369 contained burgesses (at least
on the roll of its members); and the wording of its resolution
is distinctly suggestive of the existence of some constitutional
feeling.[88] The weakness and unpopularity of the king must be
allowed due weight on the other hand; and the tone of the record
suggests a jealous interference with the personal schemes of the
king rather than any broader view of rights.
With the ignominious reign of David II the direct line of King
Robert the Bruce came to an end. The question of the succession
had already been settled by the Parliament in favour of King
Robert's grandson, Robert, the High Steward of Scotland, son of
Marjory Bruce and Walter the Steward. We know that Robert had
been a prominent figure during the reign of his uncle, and that
David II regarded him with no good will. The reign of Robert II
is one of the periods of Scottish history which stand in need of
more thorough investigation. We possess no account of it that
is in any way satisfactory. There are wars and rumours of wars;
vague traditions of conspiracies; dim hints of a constitutional
conflict between the Estates and the King. No figure stands
out pre-eminently from the crowd; no man of the time left any
impression on succeeding generations. The one event that has
given significance to the name of Robert II is the "hontynge of
the Cheviot," the battle where the dead Douglas won the field.
Two points demand notice from a constitutional stand-point. The
family difficulties of the king led to the establishment of the
succession by the Estates.[89] But the crown was entailed in
accordance with the king's wish, and the fact affords no indication
of the power of Parliament. In the second place the early years of
the reign mark the renewal of a definite alliance with France, of
the circumstances of which we know but little. The instructions
to the ambassadors contain a mention of the consent of the
Public-domain text, read in full here on John Shaqi.
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