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 conclusions here stated with regard to the Scottish Parliament
are, however, not entirely negative. The work of the Estates has
left some positive and definite results of more than incidental
character. The long series of administrative enactments, dealing
mainly with police methods and with trade, helped the rise and
growth of the Scottish burghs, and, even outside the burghs, they
added something to the forces that made for peace and good order.
There are occasional measures which found a lasting influence upon
the character of the people. The Education Act of 1496, which
provided that "all barons and freeholders that are of substance
put their eldest sons and heirs to the schools, fra they be aught
or nine years of age, to remain at the grammar schools until they
be competently founded and have perfect Latin, and thereafter to
remain at the schools of art and jure (_i.e._ the universities),
so that they may have knowledge of the laws," forms a fitting
conclusion to a century in which the spirit of poetry had deserted
England for her northern neighbour, and in which the successors of
Chaucer are to be found beyond the Tweed. It was not obeyed in the
letter (although we do find the barons of the sixteenth century
possessed of clerkly skill), but its influence may be traced in
the provision for education made at the Reformation. Even when
the definite results were less clearly marked, the existence, in
the statute book, of words and phrases to which a constitutional
meaning might conceivably be attached (like the existence of
parliamentary institutions themselves), served as a rallying cry
for men who desired reform, and gave to what was really a new
demand the advantage of ancient tradition. As we proceed, we
shall note some instances of this. The greatest and most lasting
effect of the Scottish Parliament is, however, the judicial
system of the country. Alone among European countries, Scotland
still possesses a judicature which is the direct descendant of
a Committee of the Estates. The College of Justice, which, in
its present form, was established in the year 1540, ultimately
derives its powers from the Scottish Parliament, which, in 1370,
first appointed a small committee to deal with its judicial work.
The system of Scots law, which the Senators of the College of
Justice are appointed to administer, is, in so far as it differs
from the law of England, the product, direct or indirect, of the
wisdom of the Scottish Estates, working on the material supplied
by the civil and the canon law. In the thirteenth century, the
law of Scotland, which had supplanted the ancient customs of the
Picts and Scots, was largely based on English law. The Saxon and
Norman influences, which had altered the Scottish Church and
the Scottish language, had introduced into Scotland many of the
leading features of Anglo-Norman law. "It seems clear enough,"
says Professor Maitland,[6] "that, at the outbreak of the War of
Public-domain text, read in full here on John Shaqi.
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