With the ignominious reign of David II the direct line of King

Robert the Bruce came to an end. The question of the succession

had already been settled by the Parliament in favour of King

Robert's grandson, Robert, the High Steward of Scotland, son of

Marjory Bruce and Walter the Steward. We know that Robert had

been a prominent figure during the reign of his uncle, and that

David II regarded him with no good will. The reign of Robert II

is one of the periods of Scottish history which stand in need of

more thorough investigation. We possess no account of it that

is in any way satisfactory. There are wars and rumours of wars;

vague traditions of conspiracies; dim hints of a constitutional

conflict between the Estates and the King. No figure stands

out pre-eminently from the crowd; no man of the time left any

impression on succeeding generations. The one event that has

given significance to the name of Robert II is the "hontynge of

the Cheviot," the battle where the dead Douglas won the field.

Two points demand notice from a constitutional stand-point. The

family difficulties of the king led to the establishment of the

succession by the Estates.[89] But the crown was entailed in

accordance with the king's wish, and the fact affords no indication

of the power of Parliament. In the second place the early years of

the reign mark the renewal of a definite alliance with France, of

the circumstances of which we know but little. The instructions

to the ambassadors contain a mention of the consent of the

_prelati proceres et tota communitas regni_ to the proposal for a

Franco-Scottish league; and one of the conditions of its acceptance

was that the Scottish Parliament alone should decide a disputed

succession without French interference--clearly a reminiscence of

the pretext of which Edward I of England had availed himself. The

French negotiations led to an _imbroglio_ with England, to which

undue weight has been attached. Robert had, in 1383, agreed to a

truce with England. A number of his nobles, mainly to amuse a

band of French knights, made a raid into the northern counties, in

revenge for a recent English incursion. There is no reference to

the affair in the Scots Acts. Froissart gives the most detailed

account; and there seems to be no reason to attach to it any

constitutional value whatsoever. Tytler, whose _History_ is still

in many ways our best authority, merely remarks that "These were

not the days when Scottish barons, having resolved upon war, stood

upon much ceremony, either as to the existence of a truce, or the

commands of a sovereign."[90] Hill Burton, following Buchanan,

regards the incident as the first of a series of instances showing

that the power of peace and war was throughout Scottish history

"jealously retained by the Estates."[91] We shall have occasion to

refer to the other statements on which this bold generalization

is grounded. Meanwhile, it is sufficient to say that three years

previously, an agreement for a truce had been made at a private

meeting between John of Gaunt and the Earl of Carrick, King

Robert's eldest son; and we have no evidence that anyone thought of

consulting the Estates at all.

During the latter half of his reign, the king was rendered quite

incapable both in body and mind by some disease, the nature

of which is uncertain. For a few years, therefore, there was

considerable parliamentary activity. A laudable effort was made

to restore order in the north, by sending Carrick to deal with

the rebellious lords. We do not know how far he was successful.

He was soon afterwards temporarily disabled by an accident, and

his brother, the Earl of Fife, succeeded to his place. These years

are marked by certain police measures, and by efforts to suppress

private feuds and carry out the decisions of the law courts. It is

scarcely possible to say whether Parliament gained or lost ground

under Robert II. It is the transition period between the great

council of the reign of David II and the rise of individual nobles

which alternated with intervals of regal government from the reign

of Robert III to that of James VI.

The change of Carrick's name from "John," hateful by reason of

its association with Balliol, to that of the hero of Bannockburn,

could not avail to alter the weak disposition and character of

the new monarch. The first years of the reign were free from

conflict with the troublesome neighbour in the south; but they

were years of internal feud, almost of anarchy. The career of the

Wolf of Badenoch is typical of the time. Possibly the mysterious

combat at Perth, where Hal o' the Wynd carved for himself a path

to fame, is connected with some attempt to introduce order.

Parliament met during these years only to sanction charters and

other formal documents. But the meeting of the Estates in 1398 is

a distinct epoch in the story. Burton[92] tells us that "At length

the cry of the nation reached and was re-echoed by the Estates

in Parliament"; that, although "in this assembly were those who

had been the most flagrant and powerful transgressors, yet the

Parliament collectively emphatically denounced the evils of the

day and sought to find a remedy for them"; and that "no one who

could have checked the mischief was spared." If we could accept

this view of the situation, it would be an interesting exception to

the common belief that an individual may have a conscience, but a

body of councillors has none. But Burton's characterization of this

parliament is, _pace tanti viri_, a psychological impossibility.

He founds his interpretation upon the often quoted Act which

attributed to the king all responsibility for the misgovernment

of the realm, and called upon him, if he desired to exculpate

himself, to show that the blame lay with his officers. The Duke of

Rothesay was appointed regent, and he was instructed to consult

a council of "wise and leal men." We are not informed under what

auspices the parliament met. But it is certain that the king was

not responsible for his actions, and that the anarchy was largely

due to the rivalry of the Duke of Rothesay, the king's eldest

son, and the Duke of Albany, a brother of King Robert, who, as

Earl of Fife, had held the title of "Governor" in the end of the

"preceding" reign. They and they alone could have "checked the

mischief." The probability is that the meeting of Parliament was

really an incident in their struggle for power; that Rothesay was

powerful enough to secure the regency; and that Albany succeeded

in circumscribing his power by a council and by a decision that

Parliament was to be summoned once a year. But it is not necessary

to allow even this importance to the appointment of a yearly

parliament. The Act says that the king shall hold a parliament "swa

that his subjects be servit of the law." It was to meet merely

to overtake its judicial work--the decisions in feudal quarrels

and on complaints of robbery and oppression. Our explanation

of the _motif_ of the meeting of the Estates of 1398 receives

some confirmation from subsequent events--the misgovernment of

Rothesay, his imprisonment by the Duke of Albany, his mysterious

death, and the peaceful succession of Albany to the governorship

without, so far as the records go, any appointment by the Estates

whatsoever.[93] The view we have taken seems the most probable

when we consider the circumstances, the composition of Parliament,

and the whole tone of the reign. It is, however, not incompatible

with an acknowledgment that there possibly existed in 1398 a

neutral party which was able to wield a certain influence in the

fierce division of parties. It is noteworthy that a resolution was

passed that the names of Rothesay's councillors who agreed to an

act of government should be recorded, so that he and they alike

might be responsible to the Estates. It would be rash to speak

dogmatically in the present condition of our knowledge. There is a

strong temptation to accept this as a constitutional movement; but

it must be remembered that it is at least equally probable that we

have here a device by which Albany aimed at ridding himself on the

first opportunity of his reckless and dissipated nephew and of that

nephew's favourite counsellors.[94] The great pitfall of Scottish

historians has been to read later or foreign ideas into the scanty

records of the national history.

If they are right who argue that under David II and the two Roberts

we have a discernible impulse towards parliamentary government,

we certainly lose all trace of it after the death of the Duke of

Rothesay. The Duke of Albany kept complete control of the country

till his death in 1419, when he was succeeded by his son, without

any trace of parliamentary sanction. The government of the first

Albany was firm, but he ruled as absolute master. A parliament

had met in 1402, before Rothesay's death, and had passed some

useful acts for the maintenance of internal order, probably under

Albany's guidance. The most important of these refer to justice,

and illustrate the difficulty of dealing with hereditary sheriffs.

While the country was divided between Rothesay and Albany,

Parliament still had a place. After Rothesay's death it practically

disappears till a great council was summoned in 1423 to discuss the

propositions for the king's return, which involved the question of

a ransom.

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.

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.

The credit of the wise legislation which marked the last six

years of the life of James II belongs to the king and the Bishop

Kennedy of St. Andrews. Parliament was merely a good tool in wise

hands. There is no proof that it ever really decided--or even had

a voice in deciding--anything of importance. In March, 1457-58,

all the leading acts of the reign were confirmed, and the Estates

petitioned the sovereign "with all humilitie ... to be inclynit

with silk diligence to the execucione of these statutis, acts

and decretis above writtyn that God may be emplesit of him," and

congratulated him on the peace of the realm. Two years later, in

prosecuting a war[102] with "our enemy of England," James, "more

curious than became him or the majesty of a king," was watching the

firing of a cannon, before Roxburgh Castle, when it exploded, and

Scotland was again plunged into the troubles of a minority.

The death of the king made at first but little difference to the

conduct of affairs. Bishop Kennedy continued to rule till his

death, in 1465. No sooner did the statesman and patriot disappear

from the scene than a coalition headed by Lord Boyd seized the

young monarch, and carried him in triumph from Linlithgow to

Edinburgh. A parliament was at once summoned to sanction their

proceedings. The king was made to declare that he had gone

willingly, and the Estates created Boyd James's governor, and

somewhat illogically granted him a full pardon. Under the sway of

the Boyds, Parliament met every year; but it was merely a tool in

the hands of Lord Boyd, who combined in his own person the offices

of governor of the royal family, justiciar, and lord chamberlain.

In 1469 the Boyds fell. A strong rival party had formed an

opposition of which we find traces all through the brief term of

power enjoyed by Boyd. It is significant that this opposition is

found everywhere except in Parliament, which unanimously agreed

to measures against the malcontents. The parliamentary tactics of

the Boyds were used against themselves. A meeting of the Estates

was at once called by the king, now under the influence of Lord

Hamilton, and the whole of the late ruling faction were condemned

to the penalties of treason, on the ground of the king's seizure,

for which the same body had, three years before, solemnly pardoned

them. Their vast possessions were confiscated. The Hamiltons, who

had gained the confidence of the young queen, continued to rule. So

far the political history of the reign is clear, and the position

of Parliament falls at once into line with it. But we dare not

attempt to unravel the tale of intrigue which convulsed the country

during the next twenty years. The reign of James III is an unsolved

problem. But the constitutional feeling may be illustrated by a

representative incident. The Parliament of 1482 was completely

under the control of the Duke of Albany. The Estates passed acts

which gave to him control of the property of the Crown, and

power over the life and liberty of the lieges. One year later it

rescinded all these acts and proscribed the duke. They may be right

who have found great constitutional activity in the mysterious

records of the reign. It may be that amid all the disorder and

confusion the burgesses and some neutral prelates were able to

exercise some influence. It is certain that there was as usual no

lack of attention to judicial and police requirements. But until

some intelligible and consistent account of the reign has been

offered, the sceptic may be pardoned for refusing to believe that

out of these unruly struggles of selfish and grasping lords came

calm constitutional progress.[103]

The rebellion in which James III lost his life was, as usual,

discussed in Parliament: that is to say, the first Parliament

of the new reign declared that it was not a rebellion at all,

and that, whatever it was, the new monarch and his advisers were

not responsible for it. At first, James IV was in the hands of

the nobles who had persuaded him to enter the field against his

father. His second Parliament is memorable for a claim raised by

the Lords of the Articles "that Compts and Rekyning be takin of

all the king's officiaris, his thesaurars and comptrollers, auld

and new of our soverane lord's tyme that now is and that auditors

be chosen and named by the avise and autorite of this Parliament."

This is not the tone in which we have been accustomed to hear

the Parliament speak. It is coincident with the appointment in

Parliament of "our Sovereign Lord's Secret Council," and with a

resolution that the king has "humilit his highness," so far as to

promise to act by its advice. The council was composed solely of

prelates and great lords representing mainly the party in power,

although including the patriotic bishop of Aberdeen,[104] who had

been a faithful servant of James III. We have here a distinct

constitutional advance. The king owed his power, not to a small

clique such as had been frequently formed in the late reign, but

to a large confederation of the greater nobles, who took the

opportunity of legally defining the position of the sovereign.

But within a few years we find James ruling alone. He was an able

man and he ruled well. The Parliament met frequently and did what

the king wished. We find in its records references to embassies

to Spain, France, and England, and to the king's marriage. But we

know, from the foreign correspondence of England and Spain, that

the policy of Scotland depended upon the king, and on him alone.

Parliament regulated in certain cases the incidence of taxation:

at all events it passed acts for this purpose. Contemporaries did

not imagine that the Estates alone had powers of taxation. John

Major,[105] writing a few years after the strong hand of James IV

had been removed, made this remark:

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.

While the "lilt of dule and woe" which followed the disaster at

Flodden was still filling the land, the country was again plunged

into the misery of feudal quarrels. The ambition of the lords,

and the caprices of the queen-mother--a true sister of Henry

VIII--fill up the minority of the king. Parliament met only to

ratify appointments which it had no power to question, and to

deal with official business. It is possible that the Estates

chose the Duke of Albany as regent. But it is almost certain that

the impulse must have come from some of the leading nobles or

prelates; and when we recollect that the "Estates" meant the Lords

of the Articles, it is scarcely necessary to discuss the matter as

presenting even the remotest possibility of a parliamentary choice.

James V was nominally declared of full age in 1524. But he was

then only thirteen years of age, and the "erection of the king"

was merely a pretext for the transference of the power from Albany

to Queen Margaret, the Parliament of course approving, when it was

told to do so. Until the king became personally responsible for

the government, there was little done in Parliament. If we except

a slight activity in 1526 (mainly relating to such incidental

matters as the capture of ships and the furnishing of the royal

residences), there is scarcely anything to record till we reach

the year 1535. Parliament met; but its business was purely of an

official nature. All that we know of the Parliament of May, 1527,

for example, is that it issued two continuations of summons, one

"reduction" of a process of forfeiture, eleven ratifications of

charters, and received four protestations. A single official,

appointed for the purpose, could have done all the work.

James V is known in history as the "Commons' King." We are

therefore prepared to find during the five years of his personal

government a considerable amount of social legislation of the

ordinary type, dealing often with trivial details, which show

that the burgesses were in co-operation with the king. But of

parliamentary interference there is not a trace. The hostilities

with the "auld enemy," a mischance in which broke the king's heart,

seem not to have been referred to the Estates in any way. The reign

of James V was contemporaneous with the English Reformation, and

before the king died the new doctrines had gained considerable

strength in Scotland. But James himself, after his alliance with

the House of Guise, had become more rigidly orthodox, and his last

Parliament passed acts enjoining obedience to the Pope, the worship

of the Virgin Mary, and prohibiting any convention to discuss

Scripture. The royal influence was supreme.

The Scottish Parliament Before the Union of the Crowns · 第 5 / 9 段