The History of England in Three Volumes, Vol. I., Part E.: From Charles I. to Cromwell
David Hume · en
It is remarkable that, notwithstanding this institution, to which there
is no parallel in England, the royal authority was always deemed much
lower in Scotland than in the former kingdom. Bacon represents it as
one advantage to be expected from the union, that the too extensive
prerogative of England would be abridged by the example of Scotland, and
the too narrow prerogative of Scotland be enlarged from the imitation of
England. The English were at that time a civilized people, and obedient
to the laws; but among the Scots it was of little consequence how the
laws were framed, or by whom voted, while the exorbitant aristocracy had
it so much in their power to prevent their regular execution.
The peers and commons formed only one house in the Scottish parliament:
and as it had been the practice of James, continued by Charles, to
grace English gentlemen with Scottish titles, all the determinations of
parliament, it was to be feared, would in time depend upon the prince,
by means of these votes of foreigners, who had no interest or property
in the nation. It was therefore a law deserving approbation, that no man
should be created a Scotch peer, who possessed not ten thousand marks
(above five hundred pounds) of annual rent in the kingdom.[**]
A law for triennial parliaments was likewise passed; and it was
ordained, that the last act of every parliament should be to appoint the
time and place for holding the parliament next ensuing.[***]
* Burnet, Mem.
** Burnet, Mem.
*** Burnet, Mem.
The king was deprived of that power formerly exercised of issuing
proclamations which enjoined obedience under the penalty of treason;
a prerogative which invested him with the whole legislative authority,
even in matters of the highest importance.[*]
So far was laudable: but the most fatal blow given to royal authority,
and what in a manner dethroned the prince, was the article, that no
member of the privy council, in whose hands during the king's absence
the whole administration lay, no officer of state, none of the judges,
should be appointed but by advice and approbation of parliament. Charles
even agreed to deprive of their seats four judges who had adhered to his
interests; and their place was supplied by others more agreeable to the
ruling party. Several of the Covenanters were also sworn of the privy
council. And all the ministers of state, counsellors, and judges, were
by law to hold their places during life or good behavior.[**]