Alison McQueen Phd thesis

351 Pages·2012·14.03 MB·English

THE ORIGINS AND DEVELOPMENT OF THE SCOTTISH
PARLIAMENT, 1249-1329
ALISON A.B. MCQUEEN

A Thesis Submitted for the Degree of PhD
at the
University of St Andrews

2002
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The Origins and Development of the Scottish
Parliament, 1249-1329
Alison A B McQueen
A thesis presented for the degree of Ph.D. at the University of St Andrews, 2002
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Contents
Page
Acknowledgements
11
Abbreviations
111
Abstract VI
,/-',
Introduction 1
Section I: Influencing Change. 1249-1306
Chapter I.' Filling the Gap; minorities and guardianships,
1249-1291 26
Chapter 2: English Influences, 1249~1306 81
SectionII.' The Use ofP arliaments. 1292-1329
b
Chapter 3.' Re-establishing the kingship, 1292-1296 134
Chapter 4.' Return to Uncertainty, 1296-1306 183
Chapter 5.' Robert I; parliaments during war, 1306-1314 215
Chapter 6: Robert I; the search for justification, 1315-1320 244
Chapter 7.' Robert I; consolidation, 1321-1329 279
Conclusion 302
Bibliography 323
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Aclmowledgements
Thanks must firstly go to the Scottish Parliament Project at St Andrews University,
without whose financial assistance I could not have undertaken this thesis. I have also
benefited from the support and advice of the members of that project; Professor Keith
Brown, Dr Alan MacDonald, Dr Alastair Mann, Dr Roland Tanner and Dr Pamela
Ritchie, as well as the other postgraduates; Dr Gillian MacIntosh and Derek Patrick.
Particular thanks go to Dr Roland Tanner, for generously given advice throughout,
providing numerous, gratefully received Latin translations, looking at chapters and
papers, and for copies of various primary sources, particularly the seventeenth century
copy of the Statute of Disinheritance, which includes the seals which have since been
lost. I would also like to provide my thanks to the various libraries and repositories
which I have used for this thesis.
Over the course of my research, I have benefited from the generous support of
many people. Thanks must primarily go to my supervisor, Dr Michael Brown, for his
help and assistance across the past four years. I must also acknowledge Professor David
Bates from Glasgow University for a discussion after dinner one night at Pitlochrie.
N ow likely forgotten by him, it was of immense help to me during the early part of this
thesis. Also Dr Norman Reid, who provided many words of encouragement and kindly
found time to carefully go through a chapter for me. Thanks must also go to my fellow
postgraduates. To Esther Mijers, for sharing an office, a flat, advice, support and many
bottles of wine over dinner. Suchitra Dutta, Andy Dalby, Cornelia Lambert, for braving
our office for a year, and Katie Stevenson at Edinburgh University. Also, to friends
outside of the academic world, Angela McCabe, Kerrie Hood and lain Gordon, for
providing sanity and escape routes.
To Michael Stewart, for his love and support throughout this long and difficult
final year - I just could not have done this without you. May we never face anything
worse than chapter four! Finally, to my parents, Jean and Hugh, and my sister Fiona,
you have kept me going. Especially to Mum, for diligently ploughing through every
chapter, checking my grammar -what a star! Without the love and support you all gave
me, this would never have been possible.
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Abbreviations
APS Acts of the Parliaments of Scotland, ed. T. Thomson and C.
Innes (Edinburgh, 1814-1875)
Arbroath Liber Sancte Thome de Aberbrothoc registrorum Abbacie de
Aberbrothoc (Edinburgh, 2 Vols., 1848-1856)
Cal. Chart. Rolls Calendar of the Charter Rolls preserved in the Public Record
Office (London, 6 Vols., 1903-1927)
CCR Calendar ofC lose Rolls, preserved in the Public Records Office
(London, 47 Vols., 1892-1963)
CDS Calendar ofD ocuments relating to Scotland Preserved in Her
Majesty's Public Record Office ed. J. Bain (Edinburgh, 5 Vols.,
1881-1888)
Chron. Fordun John of Fordun 's Chronicle of the Scottish Nation, ed. W.F.
Skene (Dyfed, 1993)
Chron. Lanercost The Chronicle ofLanercost, 1272-1346, translated with notes by
Sir Herbert Maxwell (Glasgow, 1913)
Chron. Melrose A Mediaeval Chronicle ofS cotland: The Chronicle ofM elrose,
translated by J. Stevenson (Lampeter, 1991)
Chron.Rishanger Willelmi Rishanger, quondam monachi S. Albani et quorundam
anonymorum, Chronica Et Annales, Regnantibus Henrico Tertio
et Edwardo Primo,A. D. 1259-1307, ed H. T. Riley(London 1865)
CPR Calendar of the Patent Rolls preserved in the Public Record
Office (London, 66 Vols., 1893-1948)
Dunfermline Registrum de Dunfermlyn: liber cartarum abbatie benedictine
S. S. Trinitatis et b. Margarete regine de Dunfermelyn, ed. C.
Innes (Edinburgh, 1842)
EHR English Historical Review
Foedera Foedera, Conventiones, Litterae et Cuiuscunque Generis Acta
Publica, ed. T. Rymer (London, 1816-1869)
Glasgow Registrum Episcopatus Glasgouensis: munimenta ecclesie
metropolitane Glasguensis a sede restaurata seculo ineunte III
ad reformatam religionem (Edinburgh, 2 Vols., 1843)
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IV
Guisborough The Chronicle of Walter ofGuisborough, edited for the Royal
Historical Society by Harry Rothwell (London, 1957)
Innes Review The Innes Review: Scottish Catholic Historical Studies
NAS National Archives of Scotland (formerly the Scottish Records
Office, Edinburgh)
Nat. Mss. Scot Facsimilies ofN ational Manuscripts ofS cotland, selected under
the direction of Sir William Gibson-Craig, Bart Lord Clerk
Register ofS cotland (Southampton, 3 Vols., 1867-1872)
NLS National Library of Scotland, Edinburgh
Parl. Writs Palgrave, F. (ed), The Parliamentary Writs and Writs ofM ilitary
Summons together with the Records and Muniments relating to
the suit and service due and performed to the king's High Court
of Parliament and the Councils of the Realm, or affording
Evidence ofA ttendance Given at Parliaments and Councils,
Vol. 1 (1827)
PRO Public Records Office, London
PSP Proceedings of the Scottish Parliament*
RMS Registrum Magni Sigilli Regum Scottorum, The Register oft he
Great Seal ofS cotland, ed. J.M. Thomson et aI., (Edinburgh, 2
Vols.,1882-1914)
Rot. Scot. Rotuli Scotiae in Turri Londonensi et in Domo Capitulari
Westmonasteriensi Asservati, ed. D. Macpherson et aI., (London,
2 Vols., 1814-1819)
RRS Regesta Regum Scottorum
Scalachronica Scalachronica: the reigns ofE dward 1, Edward II and Edward
III; as recorded by Sir Thomas Grey [sic]; translated by Sir
Herbert Maxwell (Felinfach, 2000)
Scotichronicon Scotichronicon by Walter Bower, in Latin and English, general
editor D.E.R. Watt (Aberdeen, 9 Vols., 1987-1998)
Scots Peerage The Scots Peerage: founded on Wood's edition of Sir Robert
Douglas's 'Peerage of Scotland: containing an historical and
genealogical account of the nobility oft hat kingdom; ed. Sir J.
Balfour Paul (Edinburgh, 9 Vols, 1904-1919)
SHR Scottish Historical Review
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SHS Scottish History Society
TRHS Transactions oft he Royal Historical Society
*
This is a provisional title for the updated version of the Acts of the Parliaments of
Scotland, being produced by the Parliamentary Project at St Andrews University. The
referencing for this source used throughout this thesis identifies each section through
year, month and number of act. For example, PSP 1293/2/3 refers to the third section
of the roll of parliament from February 1293.
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Abstract
This thesis examines the origins and development of Scottish parliaments between 1124
and 1329. Previous historians have judged that parliaments formed no place within
Scotland before 1290 and no frequent ro Ie until the reign ofRob ert 1. By examining the
membership, business and frequency of early governmental bodies, a more thorough
portrayal of their growth has been constructed.
Chapter 1 directly compares the minority governments for Alexander III, and for Lady
Margaret and the guardianship. This highlights the influence ofthe absence of an adult
king over developing parliaments, countering the portrayal of actual parliaments held
extensively during Alexander Ill's minority while showing how the guardians defined
their institution due to a closer relationship with England. Chapter 2 examines English
influences on the Scottish parliament, from Henry III' s involvement as father-in-law of
Alexander III, to Edward I's overlordship between 1296 and 1306. Chapter 3 examines
the role of parliament under John, showing the frequent meetings used to re-establish
the kingship and resist Edward I's encroachment. Chapter 4 looks at the sporadic use
of parliaments during the second guardianship, and how they were employed to counter
the English administration and maintain Scottish authority. Chapters 5, 6 and 7 look at
the reign of Robert I, who made parliaments an essential part of government, held with
increasing frequency, expanded business and a more defined membership. In
conclusion, there is significant evidence to show that parliaments not only developed
across this period, but also held an important role within government and national
identity well before the reign of Robert 1. This was where the king took consent and
support for his policies, issued judgements or rewarded supporters, and where the
community gathered during the absence of an adult monarch to maintain unity and
political cohesion.
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Introduction
Professor Geoffrey Barrow noted that parliament was "simply a nickname for the
debates and consultations (counsel) which took place between the king and his
magnates, lay and ecclesiastical, and thus for the actual institution (council) where the
talking was done". Dr Roland Tanner commented that while parliament was indeed an
institution with various functions such as dealing with legislation, trade, finance and
justice, the point which was most important and most frequently missed, was that "a
medieval parliament took place in a room in which all the most wealthy and powerful
men of the realm sat together to discuss issues of common interest". As such, what
1
should be looked for is not a modern assembly with democratic features but a gathering,
not necessarily official or pre-organised, which involved all those necessary to advise
the king on subjects of major importance to the monarch, the kingdom or the political
community either as a whole or individually.
Before any secondary works are examined, possibly the most obvious source
which provides information on the initial development ofp arliaments is the printedActs
of the Parliaments of Scotland (APS). Published in the nineteenth century, the first
volume covers the extensive period before the reign of James I. However, while this
does provide a generally invaluable source, it can only be used with caution. Not only
is the presentation ofthis volume confusing, with at least six different page numbering
systems within this volume, as well as a large collection of tables which are not
numbered at all, but the documents which are included also form a very puzzling
I G.W.S. Barrow, Kingship and Unity: Scotland 1100-1306 (Edinburgh, 1981, repro 1988), 126; R.I.
Tanner, 'The Political Role of the Three Estates in Parliament and General Council in Scotland, 1424-
1488' (Unpublished PhD Thesis, University of St Andrews, July 1999), 1.
I 1--
2
collection.2 Aside from the actual acts and charters, this volume also contains a wide
variety of additional information, such as a comparative table of the charters issued in
an edition of Sir John Skene with those in APS i. While any representation of
governmental meetings from before the term 'parliament' was widely used will always
be open to debate as to what is included, there appears to have been little clear
reasoning behind this collection of meetings. Even once parliaments became regular
features within Scottish government, APS i still contains some curious entries. While
it covers eleven meetings which are recognised as parliaments during the reign of
Robert I, APS i also details a number of his assemblies and councils. These include a
council held at Stirling in 1317, an assembly at Berwick in 1319 and two councils also
held at Berwick in 1323 and 1324 respectively.3 While some of these meetings
concerned important business, such as the articles for a truce with England which were
discussed at Berwick in 1323, none appear to have been in any way parliamentary, and
thus their inclusion here is rather unusual. In addition to this odd collection of evidence
which provides a slightly misleading picture of regular councils held within Scotland,
some of the information which APS i provides has also proven to be incredibly difficult
to trace. As such, while APS i is an important source, it must be used with caution over
the documents which are included within the first volume and the perceptions of the
origins of parliament which this provides for Scotland.
Overall the study of Scottish parliaments has stimulated a considerable body of
research. Yet the initial development of this institution has prompted considerably less
interest than other phases of parliamentary history within Scotland, or for those bodies
In addition to the different page numbers, all appendices before the reign of Robert I are marked
2
with an asterisk, to differentiate them from the acts printed with the same page numbers.
3 For Robert I's reign, see APS, i, 459-487. For these meetings, see APS, i, 477-483.
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