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
From the murder of King James I to the commencement of the
personal rule of his son, Parliament rarely met, and there is
no evidence of any activity. The minority was occupied with the
miserable rivalry of Crichton and Livingston, and with schemes for
preventing the undue growth of the power of the house of Douglas.
It is an illustration of how far Scotland was from possessing a
parliamentary theory, that Douglas was credited with an intention
of setting up a Parliament of his own. His aim seems to have been
to create for himself a sort of kingdom with some vague feudal
dependence on the King of Scotland. Beyond some administrative
acts of 1449, there is no parliamentary progress to record till
after the second and final defeat of the great House in 1454. The
Douglas influence was so strong in 1449 that they passed an act
which rendered it lawful to seize by force, with the consent of
the three Estates, the person of the young king, who was growing
restive under the Douglas domination.[99] When James of the Fiery
Face at last succeeded in throwing off the yoke, he set himself
to carry out the work that his father had left unfinished. His
legislation covers some pages on the statute book. But it is mainly
a repetition of the work of James I, and many of the acts are
really decisions in private cases. Pitscottie[100] describes to us
the suitors that thronged when Parliament met--"widows, bairns, and
infants, seeking redress for their husbands, kindred, and friends
that were cruelly slain by wicked bloody murderers." The reign is
not devoid of some progress in justice and police regulations. But
it exemplifies the tendency of the Scots Parliament to exercise
the functions merely of a court of justice. Under good influence,
like that of James II and Bishop Kennedy, it decided causes in
favour of the poor and the oppressed, and made general regulations
to meet all such cases in the future. Under the influence of some
ambitious nobleman, it passed partisan measures which rendered
legal his treatment of his opponents. King James VI[101] did not
speak purely out of prejudice against the power of parliaments
when, years before the fateful journey that brought him into
contact with the English Commons, he wrote:
As a Parliament is honourablest and highest judgement in the
land--if it be well used--so is it the injustest judgement seat
that may be being abused to men's particulars; irrevocable
decreets against particular parties being given therein, under
colour of generall lawes, and oft-times the Estates not knowing
themselves whom they hurt.
Public-domain text, read in full here on John Shaqi.
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