The stories of the minorities of James II, James III, and James V

read almost like repetitions of each other. The names and dates

vary; the essential facts are the same. The minority of Queen Mary

is widely different. The difficulties no longer arise from petty

squabbles and contemptible personal intrigues. There is a deeper

significance in every movement. It is a conflict, not of men, but

of principles. On the one hand was the ancient French alliance,

associated with the ancient faith. On the other hand stood the

possibility of new relations with England and the acceptance of

the Reformed doctrines. At first the revolutionary party held the

power. The Scottish nobles had observed the English king's dealings

with the lands of the Church. In Scotland there was no masterful

Tudor to enrich himself. We find accordingly the acceptance of

the marriage proposals of Henry VIII, and, significantly enough,

among the domestic legislation of the time is an act making it

lawful "to haif the haly write, baith the new testament and the

auld in the vulgar toung in Englis or Scottis of ane gude and

trew translation."[108] The "English wooing," which passed into a

proverb in Scotland, did not merely put an end to the suggestion

of a marriage between Queen Mary and Edward VI; it altered the

situation in Scotland, and deprived the reforming section of their

hopes of success, by forcing the nation into a French alliance.

In 1545, Parliament, always obedient, inveighed against "heretiks

and thair dampnable opinionis incontrar the fayth and lawis of

halykirk." But it was not till the regency was transferred from the

Earl of Arran (now Duke of Chatelhérault) to the queen-dowager (in

1554) that the success of the conservative section in the realm was

complete. "Thus," wrote Knox, in reference to the event, "did light

and darkness stryve within the realm of Scotland; the darkness

ever befoir the world suppressing the light." The reservation,

"befoir the world," is significant. Knox knew that every year since

the death of James V had added converts, ever increasing in number,

to the new faith. But all the time Parliament became more and more

rigidly orthodox.

The struggle between the two parties found an issue in open

warfare. The Protestants formed themselves into "the Congregation

of the Lord." But they did not look upon Parliament[109] as the

proper field for their contest with "the Synagogue of Satan." The

insurgents and their English allies gained no success on the field;

but the death of Mary of Guise and the absence of her daughter

in France procured for them the results of victory. Scotland was

definitely in the hands of the Protestant nobles.

Parliament met in 1560, and abolished the Roman Catholic faith

within the realm. But, as we know from Knox's _History_, Parliament

merely ratified what was otherwise settled. Behind it were the

nobles and the Protestant clergy. The ministers petitioned the

Estates to establish the Protestant faith. They were told[110] "to

draw in playne and severall heidis, the summe of that Doctrine,

quhilk they wald menteyne, and wald desyre that present Parliament

to establische, as hailsome, trew, and onlie necessarie to be

beleivit and resaivit." Within four days Knox and his colleagues

presented the very comprehensive Confession of Faith which

continued for nearly a century to be one of the Standards of the

Church. It

was redd, everie article by itself ... and the vottis of everie

man war requyred accordinglie. Of the Temporall Estate onlie voted

in the contrair, the Earl of Atholl, the Lordis Somervaill and

Borthwik; and yit for thair disassenting thei produced ne better

reassone, but "We will beleve as oure fatheris beleved."

Acts were passed against the mass, and against papal

supremacy.[111] But the whole of the desire of the ministers

was not accorded. The First Book of Discipline did not receive

parliamentary sanction, because it contradicted the views of the

nobles as to the disposal of Church property.

While, then, the Parliament of 1560 was in some sense the creature

of the Assembly, and though its resolutions were conditioned by

the wishes of the nobility, it occupies a very important position

in Scottish constitutional history. We do not lay much stress on

its opposition to the sovereigns. That, in itself, was neither

novel nor remarkable in any way. It was obedient to the powers of

the day. But it is the first Parliament where the burgesses and

the smaller barons attended and voted in accordance with their own

feeling. They were Protestants and they were in complete agreement

with those who were guiding the meeting of Estates. It is also

the first Parliament which had the consciousness of power. They

and their leaders were making a great national change. The people

were beginning to learn what possibilities they possessed. The

Parliament of 1560 was the first step towards a constitutional

theory for Scotland.

This meeting of the Estates has still another aspect. It was

significant that an assembly of ecclesiastics drew up the acts

by which the Parliament became famous, for we have here the

first appearance in constitutional history of a greater than the

Parliament. Into the General Assembly of the Church there soon

drifted those principles and aspirations that might have given life

to the Estates. We shall have occasion to notice the part taken by

the Assembly in the coming struggles; but it may be well here to

indicate its claims. These claims were not formulated in 1560. They

were of gradual growth. We find them implicit in the writings of

Knox; but they were first definitely advanced by a man of no less

intellect than the rugged reformer--Andrew Melville, the antagonist

of James VI. Melville, in his frequent interviews with the king,

"talkit all his mynd in his awin manner, roundly, soundly, fully,

freely, and fervently." But he never stated his view in more

explicit terms than on the memorable day when, after calling King

James "God's sillie vassal," he addressed him thus:

And thairfor, Sir, as divers tymes befor, sa now again, I mon tell

yow, thair is twa Kings and twa Kingdomes in Scotland. Thair is

Chryst Jesus the King, and his Kingdom the Kirk, whase subject

King James the Saxt is: and of whase Kingdom nocht a King, nor a

lord, nor a heid, bot a member.[112]

Knox, in his interviews with James's mother, had taken lower

ground. But Melville was not using idle words. There was no power

in the land that could cope with the Church. From 1567 the Assembly

met some days before the opening of Parliament, and prepared

Church business, which was generally the principal item on the

parliamentary list of _agenda_.[113] As early as 1565 it sent Queen

Mary an overture against "the papisticall and blasphemous masse

... not only in the subjects, but also in the Queen's Majestie's

awin person," and Mary's reply was couched in sufficiently

humble terms.[114] Two years later it issued instructions to

the Parliament about the ratification of the Acts of 1560, the

question of the Darnley murder, and the treatment of the young

prince.[115] It claimed the old ecclesiastical jurisdiction in all

questions of morality, religion, education, and marriage.[116]

It imprisoned offenders, and it informed magistrates how they

were to act and threatened them with the censure of the Kirk. Its

sentence of the Greater Excommunication involved the cessation

of human intercourse[117] and the forfeiture of legal rights.

The presbyterian system of Church government, with its careful

distribution of authority, was able to make such a sentence a

terrible reality. Not only the General Assembly, but the Synod or

the Presbytery or the Kirk Session, was a court of justice. The

records which have been published show with what vigour their power

was used. Men of position and influence quailed before those stern

judges. The old Church had often been powerful, under a strong

bishop. But the secular forces gained strength while a see was

vacant, and sometimes secured the appointment of a lay figure. A

Presbytery never died: its members might change, but it continued

its work, calmly and relentlessly, "grinding exceeding small."

Nor was the power of the Church confined to criminal jurisdiction.

Two instances will serve to show the extent of its influence. In

1594, King James asked the presbytery of Edinburgh to "procure

the leveing of six hundreth footmen, and four hundreth horsemen"

to suppress a rebellion; and the presbytery complied with his

request.[118] At the meeting of the General Assembly in March,

1596, King James was present. "He urged a contribution of the

whole realme, not to be lifted presentlie, but when need sould

require," and, to gain the sympathetic consideration of the

Assembly, he promised that "his chamber doors sould be made patent

to the meanest minister of Scotland, there sould not be anie meane

gentleman in Scotland more subject to the good order and discipline

of the Kirk than he would be."[119] It would be easy to multiply

examples.

It was no case of ecclesiastical tyranny. The leaders of the Church

might well apply to themselves the promise, "a willing people in

the day of thy power." Modern democrats have denounced the Assembly

as the oppressors of a priest-ridden populace. But the Assembly

had made possible the existence of a public opinion in Scotland,

and the public opinion of Scotland was with the Assembly. It is

true that the documents to which assent was required appear to

us crowded with metaphysical subtleties, to some of which no

man who valued his freedom of thought could subscribe; but it

must be remembered that these cast-iron theories registered the

results to which that generation had attained. Moreover, it was

in the Church courts, first of all, that Scotsmen learned the

value and the power of debate. The Church did for Scotland what

the Parliament accomplished for England. The Assembly was not a

meeting of ecclesiastics alone. The strength of the Church lay in

the presence of lay members in her courts,[120] to which there came

earls, lords, and barons, and commissioners from provinces and

universities. Each member, be he lord or peasant, the minister of

St. Giles, or a Glasgow baillie, had equal right to speak, and no

man's vote counted for more than that of his neighbour. The history

of Scotland from the Reformation to the Revolution is the history

of the General Assembly. The motto which it shared with other

reformed churches is the story of the seventeenth century. _Nec

tamen consumebatur._ Yet the flames burned fiercely enough.

From what we have said of the Assembly, the inference as to the

Parliament is clear. It follows that its history between the

year of Queen Mary's return and the day when Andrew Melville

addressed King James in the words we have quoted is one rather

of retrogression than of progress; nor did it, at any subsequent

period, overawe the General Assembly. Further than this point we

cannot go in any detail. The history of Scotland between 1567 and

1707 is so intricate, and has been so thoroughly expounded, that

only a brief concluding sketch is necessary in a thesis of the

present nature, however essential to a constitutional history of

Scotland. In 1560 it was, to some extent, a free parliament, as

Knox said, and it could claim to represent popular opinion. During

the reign of Mary, as we have already seen, it relapsed into its

old position of ratifying the acts of the privy council. Nor was

the Parliament which met in December, 1567, while the hapless

queen was spending at Lochleven her first year of captivity, in

much better case. The country was divided between "king's men"

and "queen's men." The Estates did what Murray and Morton wished

to be done. There is one provision which, though in conformity

with Murray's views, does not bear the impress of his hand. It

reminds us that the author of the _First Blaste against the

Monstrous Regiment of Women_ was present as an assessor in the

Parliament when we read: "Als it is thocht expedient that in na

tymes cuming ony wemen sal be admittit to the publict autoritie of

the realme or functioun in publict government within the same."

It was not a deliberate attempt to alter the succession: it was

merely an additional illustration of bad feeling towards the

captive queen.[121] Until the "Black Acts" there is little in the

proceedings of the Parliament which calls for remark. The meetings

were largely occupied with the usual sentences of forfeiture.

Sometimes the queen's party held rival parliaments, and on such

occasions everybody in Scotland of any importance was declared a

traitor by one side or the other. A considerable amount of valuable

work was done. Murray, whatever his personal character, was a

statesman, and he left the impression of "a still strong man" upon

those who survived him. His policy and that of his successors was

guided by their dependence upon Elizabeth and by their associations

with the Assembly. Parliament was largely occupied with the

settlement of the Church, but it found time to regulate matters

of police and trade. The influence of the Assembly continued to

be paramount till 1584, when, for the first time, King James was

able to assert his personality. The "Black Acts" of that year

included a declaration of the king's royal power over all subjects,

the supremity of Parliament, the illegality of conventions or

assemblies not sanctioned by the king, and the subjection of

ministers of the Church to the civil courts. No weight whatever

can be given to the phrase "supremity of Parliament." It meant only

that the king knew that he could use the Parliament as he liked,

while the Assembly was as yet beyond his control. We do not intend

to enter into the complicated story of the conflict between the

king and the Church. But from 1584 the Parliament was generally

at the disposal of the king. Still more is this the case after

the year 1603. The Parliament became the mere shadow of the royal

power. It declared in 1606--the year after the defiance of the king

by the Aberdeen assembly--"our soverane monarche, absolute prince,

Judge, and governor over all persones, Estaittis, and causis, baith

spirituall and temporall, within his said realme." Only twelve

years had elapsed since Andrew Melville's speech. The union with

England meant that the king had power to coerce Scotland. The same

obsequious Parliament outraged the national sentiment by the first

establishment of episcopacy, although the assembly was still so

strong that the bishops protested that there was no design to alter

the discipline of the Kirk, "and submitted themselves in all time

comeing to the judgement of the General Assemblie." Parliament was

governed by the Lords of the Articles, and they were the creatures

of the king. James did not exaggerate when he said:[122] "Here I

sit and governe it [Scotland] with my pen, I write and it is done,

and by a Clearke of the Councell I governe Scotland now, which

others could not do by the sword." The satirist who accompanied

King James on his visit to Scotland in 1617 gave vent to a merited

sneer at the three Estates. "Their parliaments," he wrote,

"hold but three days; their statutes are but three lines."[123]

The anonymous apologist who replied made no effort to meet the

accusation. It might have been King James himself that wrote: "For

the brevitie of your parliaments ye are beholden to your wisdom,

for the brevitie of your statutes to your justice."[124]

The conduct of affairs in Scotland remained, at first, unchanged

by the death of James VI. The few parliaments of the reign are

occupied with taxation, ratification, and other formal business.

James had been statesman enough to fear the influence of Laud in

Scotland.[125] Charles allowed a meddling ecclesiastic to stretch

too far the allegiance of his people to their ancient House.

The Parliament of 1628-30 is of no importance in the history of

Scotland. It was poorly attended, and its deliberations were a

foregone conclusion. The Parliament of 1639 was crowded, and it

began its work with a protest against the method of electing

the Lords of the Articles. The protest was feeble enough to be

the first faint symptom of a revolution; but the revolution had

already taken place. The people were led as before, not by the

Parliament, but by the Assembly. The Glasgow Assembly of 1638,

which continued to meet in spite of its "dissolution" by the

king's commissioner, was the means by which a fatal blow was

given to the first _régime_ of episcopacy and absolute monarchy.

It rendered possible the revolutionary Parliament of 1640. We

have already noticed the more important of its proceedings. It

continued to look for support to the Assembly. It grounded its

resolution against the presence of prelates in Parliament on the

Act of Assembly abolishing episcopacy. In 1641 it beseeched the

assembly to sit in Edinburgh instead of in St. Andrews, sending

"some of everie estait to represent" its sense of "the great

necessitie at this tyme of the concurring advyse of both the

Assemblie and Parliament," and promising "to sett down ane solid

course for the beiring of the chairges of the Commissioners to

your yeirlie Generall Assemblies."[126] From 1641 to 1650 Scotland

was ruled by the Scottish Parliament, in conjunction with the

Assembly. The Estates undertook the management of the war, carried

out the negotiations with the English Parliament, and with the

king, and were at the same time able to give due attention to

the minutest local details. Like the Reformation Parliament of

1560, the Covenant Parliament of 1640 marks a distinct stage in

Scottish constitutional history. After we make all allowance for

the revolutionary nature of the time, and for its dependence on

the Assembly, it remains true that it grew to occupy a position

different from that of any of its predecessors. It had learned much

from England. Not for the first time, but more emphatically than

ever before, do we find the Estates adopting the language of the

English parliamentary opposition. On the other hand, the Scottish

Parliament was in some ways in advance of its English sister. When

Charles I paid his second visit to Scotland, in 1641, he found

himself a puppet in the hands of his erstwhile obedient Estates. As

we have seen, the Lords of the Articles became open committees of

Parliament, and they were jealously watched by their colleagues.

Parliament claimed the appointment of the privy council, and all

the officers of state.[127] The reader will note with surprise the

large amount of space occupied by the proceedings of Parliament

during these years. Much is merely the record of judicial acts, and

much was done by Parliament that we should regard as pertaining to

the executive. For our present purpose it is unnecessary to descend

to particulars. Our main contention is that the supersession of

the royal power was rendered the more easy and the less significant

because of the official character of the normal parliamentary

procedure. The Estates, having the power to defy the king, could

point to their own history as good warrant for their use of it.

The sovereign had never dared to prorogue them against their will,

they argued. Charles knew that they spoke the truth, and he could

but accept the position. If the record of the Estates was one

long submission, it did not contain a defeat, and it was capable

of two interpretations. So, after the death of the king, the men

who had just executed Huntly sent to offer terms to Charles II.

It is significant that there were four representatives of the

Estates, and three of the Assembly. The power was still conjoint,

although Parliament during these years of struggle had learned to

act. When the young king came to Scotland he found himself little

more than a prisoner in the hands of the grim, staunch fearless

men who surrounded him. He was forced to sign the most humiliating

confessions of the sins of his family, and he abjured "Prelacy and

all errors, schism, and profaneness." Cromwell's victory changed

the aspect of affairs,[128] and ended, for the time, the history

of the Parliament of Scotland. The short-lived "union" did not

take effect till 1654, but from the date of the battle of Dunbar

both Assembly and Estates had to acknowledge their master. In

1653 the General Assembly was reduced to plead "that we were ane

Ecclesticall synod, ane spirituall court of Jesus Christ, which

medled not with anything civile."[129] But the Assembly ceased to

meet: and the Government of Scotland was neither ecclesiastical nor

civil, but martial. The Parliament agreed to the union: once again

because it was ordered so to do.

The story of the Cromwellian parliaments is no part of our subject.

Scottish counties and burghs were represented, and an elaborate

scheme was prepared to adjust the proper proportions--a scheme

which afterwards was the model for further developments.[130]

Two acts were passed by the united Parliament which affected the

current of Scottish history--the establishment of free trade with

England and the abolition of feudality.

The Commonwealth passed away, and Scotland had once more its

Covenanted King. The irony of fate used the Committee of Estates,

the body which Charles I had known as an enemy, to deliver the

country to an absolute monarchy. The Committee of Estates was

followed, when the king's commissioner arrived, by the meeting of

the Restoration Parliament. The main difficulty was the religious

one. Parliament was reduced to the position it had occupied

before 1638. In 1661 it passed an act which rescinded all its

own statutes since 1640. It humbly confessed the king's right to

choose all officers of state, and members of the privy council;

it acknowledged his right to call and prorogue Parliament; it

re-established the tyranny of the Lords of the Articles. It

recalled bishops to Parliament, and proscribed the national

religion. Even when the English Parliament had recovered from its

emotional loyalty, and begun to resume its old attitude to the

king, the Scottish Estates remained absolutely at his disposal.

When, later still, the succession was disputed in England, an act

was passed in Scotland to declare that it could not be altered

"without involving the subjects in perjury and rebellion."

When Charles II died, Parliament addressed James VII in terms

ludicrously obsequious. "The death of that our excellent monarch is

lamented by us to all the degrees of grief that are consistent with

our great joy for the succession of your sacred majesty." Between

1660 and 1689 the Scottish Parliament was once more the merest

instrument for official sanction. A contemporary has left us his

impressions of the time. He tells us that the methods of the Lords

of the Articles were not quite so secret as they used to be.

Of late times matters have been at full length and freely debated

in Parliament. They sit all in one House, and every one answers

distinctly to his name and gives his vote, which is in these

terms, _I approve_ or _not_; only those who are not satisfied

one way or another, say _Non liquet_, which is a great ease to

those who are conscientious, and a common refuge to the cunning

Politicians; the major vote carries it. No dissents or protests

are allowed in public acts, but are accounted treasonable.[131]

The arm of the Government was all-powerful, and they had not even

to guard against opposition. A caricature of the General Assembly

was maintained to give a further ecclesiastical ratification to the

king's acts, "But," adds our informant,

as the calling of this synod is wholly in the Crown, so there is

little need of it, since the King's Supremacy is so large, that He

needs not there concurrence, to adde their Authority to anything

that He shall think fit to doe about Church affairs.

It may be at first matter of surprise that Scotland should so

completely have succumbed. All that the popular party could do

was to suffer. Only on rare occasions could they take the field.

Suffering or fighting, they never yielded. But the dearth of

constitutional life is not inexplicable. Had the Restoration

occurred ten years earlier, it would have been otherwise. The

Commonwealth had blotted out the recollection of the years which

preceded it, and prepared the way for the years that followed it.

Bishop Burnet's remark, that the root of the trouble lay in the

king's "entering in without condition," was true, at all events,

for the historian's own country. Moreover, we must not forget

the condition of the country. The long-continued struggle had

brought desolation where before the union of the crowns we can

trace prosperity. In Glasgow, in 1692, "near fyve hundredth houses

[were] standing waste." The harbour of Ayr was ruinous. The High

Street of Dumfries contained scarcely a habitable house.[132] Trade

and commerce had declined. The short interval of freedom of trade

had but served to intensify the pressure of the Navigation Act.

Scotsmen boasted of their "conquest" of England in 1603. England

had but given their kings the power to oppress them.

The Scottish Parliament Before the Union of the Crowns · 第 6 / 9 段