When we imagine medieval governance, we often picture an absolute monarch issuing decrees from a solitary throne. Yet, the story of medieval Scotland reveals a more nuanced and fascinating system of power-sharing. The Scottish Parliament, or the Colloquium or Parliamentum, was not a mere rubber stamp for royal will but a dynamic institution that played a pivotal role in shaping the nation’s laws, finances, and very identity. Its evolution from a feudal council of nobles into a formal assembly of the “Three Estates” is a testament to a unique and often overlooked political tradition that laid the groundwork for the modern Scottish Parliament.
The origins of the Scottish Parliament are deeply rooted in the feudal tradition of counsel. Early Scottish kings, like their counterparts across Europe, were expected to seek advice from their major tenants-in-chief—the powerful earls and barons who held land directly from the crown. This gathering, known as the King’s Council, was an extension of the royal court. Its primary functions were practical: to advise the monarch on matters of war, peace, and justice, and to affirm major grants of land or titles.
The first gathering recognised as a parliament in its modern sense occurred in 1235 during the reign of Alexander II at Kirkliston (near modern-day Edinburgh). This marked a significant shift from an informal council to a more representative and constitutionally significant assembly. The catalyst for its development was often the necessity of taxation. Kings needed money, particularly for warfare against their perennial rival, England. To secure grants of taxation, the monarch had to summon a wider audience to gain consent. This practical need transformed the council into a parliament, broadening its membership and solidifying its role in national affairs.
The Composition of the Three Estates
By the 14th century, the Scottish Parliament had crystallised into a meeting of the Three Estates, a structure that would define it for centuries. This model organised society into three distinct orders, each with its own role and perspective:
- The First Estate: The Clergy. This included bishops, abbots, and other high-ranking churchmen. The Church was a major landowner and a source of immense intellectual and administrative talent. Its role was to advise on spiritual matters, international diplomacy (often through the Church’s connections to Rome), and to consent to taxes that would also affect its vast estates.
- The Second Estate: The Nobility. Comprising earls, lords, and other major landowners, this estate was the traditional military and feudal elite. They were the king’s natural counsellors on matters of state, war, and justice. Their power derived from their land, their knights, and their ability to raise armies.
- The Third Estate: The Burgh Commissioners. This was Scotland’s unique and progressive contribution to medieval governance. From the reign of Robert the Bruce onward, wealthy royal burghs like Edinburgh, Aberdeen, and Stirling were required to send commissioners to parliament to represent their commercial interests. This inclusion of the merchant class, the backbone of the economy, gave a voice to urban wealth and trade concerns that were often absent in other European parliaments of the time.
This tripartite structure meant that Scottish parliamentary decisions carried the consent of the entire politically-minded nation: the Church, the land, and commerce.
The Multifaceted Role of Parliament
The medieval Scottish Parliament was no mere talking shop. It was a working body with extensive and crucial responsibilities that touched every aspect of national life.
1. Legislation and Lawmaking:
Parliament was the supreme court and lawmaker. It passed statutes on a vast range of issues, from regulating trade and dress (through sumptuary laws) to standardising weights and measures. It could also address major legal reforms. For instance, it passed laws concerning the operation of the courts, the pursuit of criminals, and the preservation of order. Its legislative power was a check on royal authority, as major legal changes required the consent of the Estates.
2. Taxation and Finance:
This was one of Parliament’s most powerful tools. The crown could not levy national taxes without parliamentary consent. This gave the Estates significant leverage. They would debate the king’s requests for funds for military campaigns or other national projects and could, and sometimes did, refuse or negotiate the terms. This power of the purse forced the monarchy to engage in dialogue and compromise with the political community.
3. Policy and Governance:
Parliament was the arena for debating high matters of state. It played a critical role in succession crises, most famously in 1286 after the death of Alexander III and again in 1290 after the death of the Maid of Norway, where it was involved in the discussions that led to the ill-fated invitation to Edward I of England to adjudicate. It also advised on foreign policy, declarations of war, and treaties of peace. During periods of a monarch’s minority or captivity—such as during the reigns of David II or James I—Parliament often appointed councils of regency to govern the country, demonstrating its role as a continuous embodiment of the realm.
4. Justice and Petitions:
Parliament acted as the highest court in the land. Individuals and communities could submit “petitions” to Parliament seeking redress for grievances that lower courts had failed to resolve. These could range from disputes over land ownership to complaints against royal officials. A committee known as the Lords Auditors of Causes and Complaints was often appointed to handle these petitions, making the Parliament a vital source of justice for its subjects.
A Legacy of Consensus and National Identity
The role of the medieval Scottish Parliament was fundamentally about consensus and consent. It was an institution that balanced the authority of the king with the interests of the governed. Unlike the English model, which eventually developed a separate House of Commons, Scotland’s Three Estates met together in a single chamber, fostering a culture of debate and negotiation among all sectors of society.
This system ensured that the Scottish monarchy, while powerful, was never truly absolute. It had to operate within a framework of law and consultation. The Parliament was a forum where national identity was forged and asserted, particularly during the long Wars of Independence against England. It was within its walls that the nation’s resolve was strengthened, and its policies against a powerful adversary were shaped.
The journey of the Scottish Parliament did not end in the medieval period. It continued to evolve until it was dissolved with the Act of Union in 1707. Yet, the legacy of the Three Estates is profoundly visible in the modern Scottish Parliament, reconvened in 1999. While its form is now democratic and representative, its purpose echoes that of its medieval predecessor: to make laws for Scotland, to hold the executive to account, and to give the people of Scotland a powerful voice in their own governance. The medieval parliament was more than a historical institution; it was the crucible in which Scottish sovereignty was tested and defined, leaving an enduring legacy on the nation’s political character.