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
Under the personal rule of James I we have the best instance in
Scottish history of government in accordance with what would now
be called the theory of the Scottish constitution. But it was not
"constitutional government" in our modern derived sense of the
word. The Parliament was not intended to be the ruling body. King
James was a masterful man, and he aimed at using the Parliament
as the best means of creating a powerful monarchy, not at giving
it a power to rival his own. His experience immediately on his
return does not strengthen our belief in the "Parliamentarianism"
of the preceding century. He found it impossible to persuade the
smaller barons to attend, even by deputy, and he had to threaten
with the penalties of treason his great lords who declined to be
present. The burgesses alone seem to have regarded with sympathy
his meditated reorganization of the kingdom. The acts of his
reign provided for the defence of the country on the analogy of
the English Assize of Arms. They dealt with labour disputes; they
instituted the system of licensed beggars to which we are indebted
for Edie Ochiltree, and forbade anyone to beg between the ages of
fourteen and seventy. The numerous Parliaments that met between
1424 and 1437 are full of police regulations, some of them petty
enough, but all bearing the impress of the master-mind of the
king. He vindicated his orthodoxy by enactments against Lollardry,
while he emulated the English kings in their prohibitions of papal
interference.[95] But, above all, the reign is memorable for the
king's attempt to enforce justice.[96] His great difficulty lay
in the independence of the sheriffs, who continued to impede all
improvements for three centuries after his death. The history of
Scotland is full of complaints on this subject. "The greatest
hindrance to the execution of our lawes in this countrie," wrote
a later king, "are these heritable Shiredomes and Regalities,
which being in the hands of the great men, do wracke the whole
countrie."[97] It was more easy to ordain frequent sessions of "the
Chancellor and discreet persons," to forbid riding to the court
"with multitudes of folkis na with armys," and to threaten the
punishment of negligent sheriffs, than to carry out these schemes.
The only guarantee for their receiving any obedience lay in the
personal strength of the king. With the tragedy at Perth, which
rendered the Christmas of 1437 for ever memorable, the great plans
of the first James lost all chance of fruition. Parliament had
done good work during his reign. It had conferred a legality on
his ordinances which rendered them less the creatures of the royal
will and weakened the protests of the nobles against the king's
tyranny.[98] But we cannot reasonably credit the Estates with any
initiative. The acts are the king's acts. Even the judges--the
lords of session--were no longer elected by Parliament; they were
chosen by the king.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account