Estates of Parliament

The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council of bishops and earls, with the first identifiable parliament being held in 1235 during the reign of Alexander II, when it already possessed a political and judicial role.

A unicameral institution, for most of its existence the Parliament consisted of the three estates of clergy, nobility, and the burghs. By the 1690s it comprised the nobility, the shires, the burghs, and various officers of state. Parliament gave consent for the raising of taxation and played an important role in the administration of justice, foreign policy, war, and the passing of a broad range of legislation. Parliamentary business was also carried out by "sister" institutions, such as General Councils or Conventions of Estates, which could both carry out much business dealt with by parliament, but lacked the powers and ultimate authority of a full parliament.Brown and Tanner, ''History of the Scottish Parliament'', i, Introduction

The Parliament of Scotland was adjourned and dissolved in 1707 following the ratification of the Treaty of Union between Scotland and England. With the creation of the Kingdom of Great Britain on 1 May 1707, the parliaments of Scotland and England were succeeded by the new Parliament of Great Britain. Under the Acts of Union 1800, the parliaments of Great Britain and Ireland merged to become the Parliament of the United Kingdom.

Long portrayed as a constitutionally defective body that acted merely as a rubber stamp for royal decisions, modern research has found that the Parliament of Scotland played an active role in Scottish affairs, and often limited the power of the Scottish Crown.

Three Estates

The members were collectively referred to as the Three Estates ( sco, Thrie Estaitis), or "three communities of the realm" (''tres communitates''), until 1690 composed of:
* the ''first estate'' of prelates (archbishops, bishops, abbots, and other senior clerics)
* the ''second estate'' of the nobility (dukes, marquesses, earls, viscounts, lords of parliament and lay tenants-in-chief)
* the ''third estate'' of burgh commissioners (representatives chosen by the royal burghs)

The ''first estate'' comprised the archbishops of St Andrews and Glasgow, the bishops of Aberdeen, Argyll, Brechin, Caithness, Dunblane, Dunkeld, Edinburgh (1633-38 & 1662-1690), Galloway, Isles, Moray, Orkney and Ross and, at different periods, various abbots, priors, archdeacons, and deans. After the reformation in 1559, the Scottish abbeys and priories disappeared, although not overnight. Kelso and Lindores were closed quickly, while others, such as Sweetheart, survived well into the 17th century. Next, the bishops themselves were removed from the Church of Scotland, as a result of the Glorious Revolution and the accession of William II. When no members of the First Estate remained, the Second Estate was then split, 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 officers of state (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".

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, in contrast to the separate English House of Lords and House of Commons.

Origins

The Scottish parliament evolved during the Middle Ages from the King's Council. It is perhaps first identifiable as a parliament in 1235, described as a "colloquium" and already with a political and judicial role. In 1296 we have the first mention of burgh representatives taking part in decision making.Bryant, Chris ''Parliament: The Biography'' Volume 1, chapter 10 ''Ane Auld Sang'' By the early 14th century, the attendance of knights and freeholders had become important, and Robert the Bruce began regularly calling burgh commissioners to his Parliament. 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