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 change of Carrick's name from "John," hateful by reason of
its association with Balliol, to that of the hero of Bannockburn,
could not avail to alter the weak disposition and character of
the new monarch. The first years of the reign were free from
conflict with the troublesome neighbour in the south; but they
were years of internal feud, almost of anarchy. The career of the
Wolf of Badenoch is typical of the time. Possibly the mysterious
combat at Perth, where Hal o' the Wynd carved for himself a path
to fame, is connected with some attempt to introduce order.
Parliament met during these years only to sanction charters and
other formal documents. But the meeting of the Estates in 1398 is
a distinct epoch in the story. Burton[92] tells us that "At length
the cry of the nation reached and was re-echoed by the Estates
in Parliament"; that, although "in this assembly were those who
had been the most flagrant and powerful transgressors, yet the
Parliament collectively emphatically denounced the evils of the
day and sought to find a remedy for them"; and that "no one who
could have checked the mischief was spared." If we could accept
this view of the situation, it would be an interesting exception to
the common belief that an individual may have a conscience, but a
body of councillors has none. But Burton's characterization of this
parliament is, _pace tanti viri_, a psychological impossibility.
He founds his interpretation upon the often quoted Act which
attributed to the king all responsibility for the misgovernment
of the realm, and called upon him, if he desired to exculpate
himself, to show that the blame lay with his officers. The Duke of
Rothesay was appointed regent, and he was instructed to consult
a council of "wise and leal men." We are not informed under what
auspices the parliament met. But it is certain that the king was
not responsible for his actions, and that the anarchy was largely
due to the rivalry of the Duke of Rothesay, the king's eldest
son, and the Duke of Albany, a brother of King Robert, who, as
Earl of Fife, had held the title of "Governor" in the end of the
"preceding" reign. They and they alone could have "checked the
mischief." The probability is that the meeting of Parliament was
really an incident in their struggle for power; that Rothesay was
powerful enough to secure the regency; and that Albany succeeded
in circumscribing his power by a council and by a decision that
Parliament was to be summoned once a year. But it is not necessary
to allow even this importance to the appointment of a yearly
parliament. The Act says that the king shall hold a parliament "swa
that his subjects be servit of the law." It was to meet merely
to overtake its judicial work--the decisions in feudal quarrels
and on complaints of robbery and oppression. Our explanation
of the _motif_ of the meeting of the Estates of 1398 receives
some confirmation from subsequent events--the misgovernment of
Public-domain text, read in full here on John Shaqi.
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