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
As to the levying of taxes, I will limit my opinion to this
expression: that in no wise should the power be granted to kings
save in cases of clear necessity. Further it belongs not to the
king nor to his privy council to declare the emergence of any
sudden necessity but only to the three estates.... I am aware that
Aristotle in his second book of the _Politics_ says wisely that
laws are not to be changed; yet, in the judgment of the wise, they
may be modified in accordance with the demands of equity.
Major remarks on the difficulty of collecting taxes in Scotland
and on the folly of the kings in alienating confiscated estates,
"since there is no regular taxation of the people." His remedy is,
as we have seen, the regulation of taxation by Parliament. He was a
scholar and a traveller, and it matters not how he came to think as
he did; but it is clear that he advocated a change.
Nor did James regard the Estates as possessing "powers of peace
and war." Pedro de Ayala[106] tells us of a conversation which he
held with the king which gives us the royal views: "He said to me
that his subjects serve him with their persons and goods, in just
and unjust quarrels, exactly as he likes, and that therefore he
does not think it right to begin any warlike undertaking without
being himself the first in danger." Boece, in his biography of
Elphinstone,[107] tells us of councils which preceded Flodden: but
they are meetings of the king's private advisers. It is instructive
to note that one parliament was held with reference to the
English war. About a fortnight before the battle, what is termed
"Parliament" was held at Twiselhaugh. It was composed of "all his
lords being there for the time in his host," and it secured that
the heirs of all who were slain should be exempted by the king from
certain feudal dues. The exemption can only have been the king's
own act. It is an additional testimony to the purpose for which the
Scots Parliament normally existed--to ratify what somebody else
had done. If there are vestiges of constitutional claims at the
opening of the reign, there are none at the end of it. But though
the Parliament had not been free, neither had it been idle. It was
a time of unusual prosperity and of great expansion of trade. The
pages of the statute-books are full of useful acts, especially
for the encouragement of shipping, in which the king was greatly
interested.
Public-domain text, read in full here on John Shaqi.
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