Parliament of Scotland

This article is about pre-1707 legislature. For the devolved legislative body established in 1999, see Scottish Parliament.

Estates of Parliament
Arms of the Kingdom of Scotland
Type
Type	Unicameral1
Timeline
Estates of the realm	First Estate of prelates Second Estate of tenants in chief Third Estate of Burgh Commissioners
Established	ca. 1235
Succeeded by	Parliament of Great Britain
Disbanded	1 May 1707
Meeting place
Parliament House, Edinburgh Kingdom of Scotland
See also
Parliament of England Parliament of Ireland
Footnotes
1Though the Parliament was unicameral, there were three distinct classes of members that sat as one body.

The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives (referred to, like the contemporaneous Parliament of England, as a colloquium in the surviving Latin records) at Kirkliston (a small town now on the outskirts of Edinburgh) in 1235, during the reign of Alexander II of Scotland.^[1]

The parliament, which is also referred to as the Estates of Scotland, the Community of the Realm, the Three Estates (Scots: Thrie Estaitis), the Scots Parliament or the auld Scots Parliament (English: old), met until prorogued sine die at the time of the Acts of Union in 1707. Thereafter the Parliament of Great Britain operated for both England and Scotland.

The pre-Union parliament was long portrayed as a constitutionally defective body^[2] that acted merely as a rubber stamp for royal decisions, but research during the early 21st century has found that it played an active role in Scottish affairs, and was sometimes a thorn in the side of the Scottish crown.^[3]

Three Estates

Further information: Estates of the realm

The members were collectively referred to as the Three Estates (Middle Scots: Thrie Estaitis), or 'community of the realm' (tres communitates), composed of until 1690:

• the first estate of prelates (bishops and abbots)
• the second estate of lairds (dukes, earls, parliamentary peers (after 1437) and lay tenants-in-chief)
• the third estate of Burgh Commissioners (representatives chosen by the royal burghs)^[4]

The First Estate was overthrown during the Glorious Revolution and the accession of William of Orange.^[5] The Second Estate was then split into two to retain the division into three.

From the 16th century, the second estate was reorganised by the selection of Shire Commissioners: this has been argued to have created a fourth estate. During the 17th century, after the Union of the Crowns, a fifth estate of royal office holders (see Lord High Commissioner to the Parliament of Scotland) has also been identified. These latter identifications remain highly controversial among parliamentary historians. Regardless, the term used for the assembled members continued to be 'the Three Estates'.^[6]

A Shire Commissioner was the closest equivalent of the English office of Member of Parliament, namely a commoner or member of the lower nobility. Because the parliament of Scotland was unicameral, all members sat in the same chamber, as opposed to the separate English House of Lords and House of Commons.

The Parliament also had University constituencies.^{[citation needed]}

Origins

The Scottish parliament evolved during the Middle Ages from the King's Council of Bishops and Earls. It is perhaps first identifiable as a parliament in 1235, described as a ‘colloquium’ and already with a political and judicial role.^[7] By the early 14th century, the attendance of knights and freeholders had become important, and from 1326 burgh commissioners attended. Consisting of The Three Estates; of clerics, lay Tenants-in-chief and burgh commissioners sitting in a single chamber, the Scottish parliament acquired significant powers over particular issues. Most obviously it was needed for consent for taxation (although taxation was only raised irregularly in Scotland in the medieval period), but it also had a strong influence over justice, foreign policy, war, and all manner of other legislation, whether political, ecclesiastical, social or economic. Parliamentary business was also carried out by ‘sister’ institutions, before c. 1500 by General Council and thereafter by the Convention of Estates. These could carry out much business also dealt with by Parliament—taxation, legislation and policy-making—but lacked the ultimate authority of a full parliament.^[8] The Scottish parliament met in a number of different locations throughout its history. In addition to Edinburgh, meetings were held in Perth, Stirling, St Andrews, Dundee, Linlithgow, Dunfermline, Glasgow, Aberdeen, Inverness and Berwick-upon-Tweed.^[9]

Lords of the Articles

From the early 1450s until 1690, a great deal of the legislative business of the Scottish Parliament was usually carried out by a parliamentary committee known as the ‘Lords of the Articles’. This was a committee chosen by the three estates to draft legislation which was then presented to the full assembly to be confirmed. In the past, historians have been particularly critical of this body, claiming that it quickly came to be dominated by royal nominees, thus undermining the power of the full assembly.^[10] Recent research suggests that this was far from always being the case. Indeed, in March 1482, the committee was taken over by men shortly to be involved in a coup d’etat against the King and his government. On other occasions the committee was so large that it could hardly have been easier to control than the full assembly. More generally, the committee was a pragmatic means to delegate the complicated drafting of acts to those members of parliament skilled in law and letters — not unlike a modern select committee of the UK parliament — while the right to confirm the act remained with the full assembly of three estates.^[11] The Lords of the Articles were abolished in 1690 as part of the revolutionary settlement.^[12]

Crown

At various points in its history, the Scottish Parliament was able to exert considerable influence over the Crown. This should not be viewed as a slow rise from parliamentary weakness in 1235 to strength in the 17th century, but rather a situation where in particular decades or sessions between the thirteenth and 17th century, parliament became particularly able to influence the Crown, while at other points that ability was more limited. As early as the reign of David II, parliament was able to prevent him pursuing his policy of a union of the crowns with England, while the 15th-century Stewart monarchs were consistently influenced by a prolonged period of parliamentary strength. Reverses to this situation have been argued to have occurred in the early 16th century and under James VI and Charles I, but in the 17th century, even after the Restoration, parliament was able to remove the clergy's right to attend in 1689 and abolish the Lords of the Articles in 1690, thereby limiting royal power. Parliament's strength was such that the Crown turned to corruption and political management to undermine its autonomy in the latter period. Nonetheless, the period from 1690 to 1707 was one in which political "parties" and alliances were formed within parliament in a maturing atmosphere of rigorous debate. The disputes over the English Act of Settlement 1701, the Scottish Act of Security, and the English Alien Act 1705 showed that both sides were prepared to take considered yet considerable risks in their relationships.^[13]

History

Parliament before 1400

Between 1235 and 1286, little can be told with certainty about Parliament's function, but it appears to have had a judicial and political role which was well established by the end of the century. With the death of Alexander III, Scotland found itself without an adult monarch, and in this situation, Parliament seems to have become more prominent as a means to give added legitimacy to the Council of Guardians who ran the country. By the reign of John Balliol (1292–96), Parliament was well established, and Balliol attempted to use it as a means to withstand the encroachments of his overlord, Edward I of England. With his deposition in 1296, Parliament temporarily became less prominent, but it was again held frequently by King Robert Bruce after 1309. During his reign some of the most important documents made by the King and community of the realm were made in Parliament — for instance the 1309–1310 Declaration of the Clergy — although the extent to which the 'community' was able to speak independently of the King is a matter of debate.

By the reign of David II, the 'three estates' (a phrase that replaced 'community of the realm' at this time) in Parliament were certainly able to oppose the King when necessary. Most notably, David was repeatedly prevented from accepting an English succession to the throne by Parliament. During the reigns of Robert II and Robert III, Parliament appears to have been held less often, and royal power in that period also declined, but the institution returned to prominence, and arguably enjoyed its greatest period of power over the Crown after the return of James I from English captivity in 1424.^[14]

15th century

After 1424, Parliament was often willing to defy the King — it was far from being simply a ‘rubber stamp’ of royal decisions. During the 15th century, Parliament was called far more often than, for instance, the English Parliament — on average over once a year — a fact that both reflected and augmented its influence. It repeatedly opposed James I’s (1424–1437) requests for taxation to pay an English ransom in the 1420s, and was openly hostile to James III (1460–1488) in the 1470s and early 1480s. In 1431, Parliament granted a tax to James I for a campaign in the Highlands on the condition that it be kept in a locked chest under the keepership of figures deeply out of favour with the King. In 1436, there was even an attempt made to arrest the King 'in the name of the three estates'. Between October 1479 and March 1482, Parliament was conclusively out of the control of James III. It refused to forfeit his brother, the Duke of Albany, despite a royal siege of the Duke's castle, tried to prevent the King leading his army against the English (a powerful indication of the estates' lack of faith in their monarch), and appointed men to the Lords of the Articles and important offices who were shortly to remove the King from power. James IV (1488–1513) realised that Parliament could often create more problems than it solved, and avoided meetings after 1509. This was a trend seen in other European nations as monarchical power grew stronger—for instance England under Henry VII, France and Spain.^[15]

16th century

During the 16th century, the composition of Parliament underwent a number of significant changes and it found itself sharing the stage with new national bodies. The emergence of the Convention of Royal Burghs as the ‘parliament’ of Scotland’s trading towns and the development of the Kirk’s General Assembly after the Reformation (1560) meant that rival representative assemblies could bring pressure to bear on parliament in specific areas.

Following the Reformation, laymen acquired the monasteries and those sitting as ‘abbots’ and ‘priors’ were now, effectively, part of the estate of nobles. The bishops continued to sit in Parliament regardless of whether they conformed to protestantism or not. This resulted in pressure from the Kirk to reform ecclesiastical representation in Parliament. Catholic clergy were excluded after 1567 but Protestant bishops continued as the clerical estate until their abolition in 1638 when Parliament became an entirely lay assembly. An act of 1587 granted the lairds of each shire the right to send two commissioners to every parliament. These shire commissioners attended from 1592 onwards, although they shared one vote until 1640 when they secured a vote each. The number of burghs with the right to send commissioners to parliament increased quite markedly in the late 16th and early 17th centuries until, in the 1640s, they often constituted the largest single estate in Parliament.^[16]

The first printed edition of the legislation of the Parliament, The New Actis and Constitutionis, was published in Edinburgh in 1542 by the printer Thomas Davidson under commission from James V.

17th century

In the second half of the 16th century, Parliament began to legislate on more and more matters and there was a marked increase in the amount of legislation it produced. During the reign of James VI, the Lords of the Articles came more under the influence of the crown. By 1612, they sometimes seem to have been appointed by the Crown rather than Parliament, and as a result the independence of parliament was perceived by contemporaries to have been eroded. This decline was reversed in the Covenanting period (1638–1651), when the Scottish Parliament took control of the executive, effectively wresting sovereignty from the King and setting many precedents for the constitutional changes undertaken in England soon afterwards. The Covenanting regime fell in 1651 after Scotland was invaded by Oliver Cromwell whose Protectorate government imposed a brief Anglo-Scottish parliamentary union in 1657.

During this period, Parliament gained the only permanent home it ever had. King Charles I ordered the construction of Parliament Hall, which was completed in 1639.

The Scottish Parliament returned after the Restoration of Charles II to the throne in 1660, and this was called the 'Drunken Parliament'.

William II's parliament of 1689 made substantial changes both to parliament and its relation to the monarchy. The new Williamite parliament would subsequently bring about its own demise by the Act of Union 1707.

Union with England

It is an oversimplification to claim,^{[clarification needed]} as Robert Burns did, that the Union of England and Scotland (and hence the dissolution of the Scottish Parliament) was brought about by the Scots members being "bought and sold for English gold", but bribery and parliamentary division combined with wider economic imperatives, partly arising from the disaster of the Darien Scheme, enabled the Crown to incorporate Union with England in the Acts of Union 1707 which brought the Parliament of Great Britain.^[17]

Composition and procedure in the 17th century

Presidency of parliament

The office of the presiding officer in parliament never developed into a post similar in nature to that of the Speaker of the House of Commons at Westminster — mainly because of parliament's unicameral nature, which made it more like the English House of Lords. An act of 1428 which created a 'common speaker' proved abortive, and the chancellor remained the presiding officer (until recently the Lord Chancellor of Great Britain did similarly preside over the House of Lords). In the absence of the King after the Union of the Crowns in 1603, parliament was presided over by the Lord Chancellor or the Lord High Commissioner. After the Restoration, the Lord Chancellor was made ex-officio president of the parliament (now reflected in the Scottish Parliament by the election of a presiding officer), his functions including the formulation of questions and putting them to the vote.

See also

• Ane Plesant Satyre of the Thrie Estaitis, by David Lyndsay
• Estates-General of France
• General Council of Scotland
• History of democracy
• List of Acts of the Parliament of Scotland to 1707
• List of Constituencies in the Parliament of Scotland at the time of the Union
• Old Tolbooth, Edinburgh, meeting place of Parliament until 1639.
• Parliament House, Edinburgh, meeting place of Parliament from 1639-1707.
• Parliament of Ireland
• Records of the Parliaments of Scotland
• The States
• Scottish Parliament

References

Notes

1. ^ K. Brown and R. Tanner, History of the Scottish Parliament, i, 'introduction'.
2. ^ R. Rait, 'Parliaments of Scotland' (1928)
3. ^ Brown and Tanner, passim; R. Tanner, The Late Medieval Scottish Parliament, passim; K. Brown and A. Mann, History of the Scottish Parliament, ii, passim
4. ^ Rait, Parliaments of Scotland, passim;
5. ^ Kidd, Colin Subverting Scotland's Past: Scottish Whig Historians and the Creation of an Anglo-British Identity 1689-1830 Cambridge Univesity Press (2003) pp133
6. ^ The 'fourth' estate argument is primarily favoured by Julian Goodare, and disputed by Keith Brown. A summary of the most recent research can be found in Brown and Mann, History of the Scottish Parliament, ii.
7. ^ Brown and Tanner, History of the Scottish Parliament, i, Introduction
8. ^ Tanner, Parliament, passim
9. ^ Brown and Tanner, passim; Brown and Mann, passim
10. ^ Typified by Rait, op. cit
11. ^ R. Tanner, 'The Lords of the Articles before 1542', in Scottish Historical Review (2000)
12. ^ Ferguson, William Scotland's relations with England: a survey to 1707 Saltire Society; New edition (1994) p173
13. ^ Brown, Mann and Tanner, History of the Scottish Parliament, i, ii, passim.
14. ^ Brown and Tanner, History of Parliament, i, passim
15. ^ Tanner, Late Medieval Scottish Parliament, passim
16. ^ Rait, Parliaments of Scotland
17. ^ C. Whatley, Bought and Sold for English Gold?, passim; Brown and Mann, History of the Scottish Parliament, ii, passim

Bibliography

• K. M. Brown and R. J. Tanner, The History of the Scottish Parliament volume 1: Parliament and Politics, 1235-1560 (Edinburgh, 2004)
• A. A. M. Duncan, ‘Early Parliaments in Scotland’, Scottish Historical Review, 45 (1966)
• J. M. Goodare, ‘Parliament and Society in Scotland, 1560-1603’ (Unpublished Edinburgh University Ph.D. Thesis, 1989)
• C. Jackson, 'Restoration to Revolution: 1660-1690" in Glenn Burgess (ed.), The New British History. Founding a Modern State, 1603-1715, (London, 1999), pp. 92–114.
• Alan R. MacDonald, ‘Ecclesiastical Representation in Parliament in Post-Reformation Scotland: The Two Kingdoms Theory in Practice’, Journal of Ecclesiastical History, Vol. 50, No. 1 (1999)
• N. A. T. Macdougall, James IV (Edinburgh, 1989), chapter 7
• "An Introduction to the pre-1707 Parliament of Scotland" (Based on a paper to Staff Development Conference for History Teachers, National Museum of Scotland, 25 May 2000 by Dr. Alastair Mann, Scottish Parliament Project, University of St. Andrews).
• R. Nicholson, Scotland, the Later Middle Ages (Edinburgh, 1974), chapter 15
• I. E. O’Brien, ‘The Scottish Parliament in the 15th and 16th Centuries’ (Unpublished Glasgow University Ph.D. Thesis, 1980)
• R. Rait, The Parliaments of Scotland (Glasgow, 1924)
• R. J. Tanner, The Late Medieval Scottish Parliament: Politics and the Three Estates, 1424-1488 (East Linton, 2001).
• R. J. Tanner, 'The Lords of the Articles before 1540: a reassesment', Scottish Historical Review, LXXIX (October 2000), pp. 189–212.
• R. J. Tanner, 'Outside the Acts: Perceptions of the Scottish Parliament in Literary Sources before 1500', Scottish Archive (October, 2000).
• R. J. Tanner, 'I Arest You, Sir, in the Name of the Three Astattes in Perlement': the Scottish Parliament and Resistance to the Crown in the 15th century’, in Social Attitudes and Political Structures in the Fifteenth Century, ed. T. Thornton (Sutton, 2000).
• C. S. Terry, The Scottish Parliament: its constitution and procedure, 1603-1707 (Glasgow, 1905)
• J. R. Young, The Scottish Parliament 1639-1661 (Edinburgh, 1997)

External links

• The Records of the Scottish Parliament, The complete acts and proceedings of the Scottish Parliament, General Council and much other parliamentary material from 1235 to 1707. The publication arose from the work of The Scottish Parliament Project
• The First Scottish Parliament: the Middle Ages – 1707, Scottish Parliament
• The Scottish Parliamentary Tradition, Scottish Parliament
• Scottish Parliament records, National Archives of Scotland
• Scotland's powerful parliament, abstract of The Late Medieval Scottish Parliament: Politics and the Three Estates, Dr Roland Tanner, Tuckwell Press, ISBN 1-86232-174-4

Scottish Parliament
Preceded by Curia Regis	Parliament of Scotland c1235-1707	Succeeded by Parliament of Great Britain 1707-1800

Coordinates: 55°56′57″N 3°11′26″W / 55.94917°N 3.19056°W / 55.94917; -3.19056