Government In Early Modern Scotland

Government in early modern Scotland included all forms of administration, from the crown, through national institutions, to systems of local government and the law, between the early sixteenth century and the mid-eighteenth century. It roughly corresponds to the early modern era in Europe, beginning with the Renaissance and Reformation and ending with the last Jacobite risings and the beginnings of the Industrial Revolution. Monarchs of this period were the Stuarts: James IV, James V, Mary Queen of Scots, James VI, Charles I, Charles II, James VII, William III and Mary II, Anne, and the Hanoverians: George I and George II.

The crown remained the most important element of government throughout the period and, despite the many royal minorities, it saw many of the aspects of aggrandisement associated with "new monarchy" elsewhere in Europe. Theories of limited monarchy and resistance were articulated by Scots, particularly George Buchanan, in the sixteenth century, but James VI advanced the theory of the divine right of kings, and these debates were restated in subsequent reigns and crises. The court remained at the centre of political life, and in the sixteenth century emerged as a major centre of display and artistic patronage. The Privy Council and the great offices of state, remained central to the administration of the government, even after the departure of the Stuart monarchs to rule in England from 1603, but they were often sidelined and was abolished after the Act of Union of 1707, with rule direct from London. Parliament was also vital to the running of the country, providing laws and taxation, but it had fluctuating fortunes. It never achieved the centrality to the national life which its English counterpart in England had. The Parliament was disbanded in 1707.

Revenue remained a continual problem for Scottish government, even after the introduction of regular taxation from the 1580s, with receipts insufficient for the business of government and, after 1603, much of the costs being paid out of English revenues. In local government, attempts were made increase its effectiveness, with the creation of Justices of Peace and Commissioners of Supply. The continued existence of courts baron and introduction of kirk sessions helped consolidate the power of local lairds. In law there was an expansion of central institutions and professionalisation of lawyers as a group. Scottish law was maintained as a separate system after the union in 1707 and from 1747 the central courts gained a clear authority over local institutions.

Crown

James V was the first Scottish monarch to wear the closed imperial crown, in place of the open circlet of medieval kings, suggesting a claim to absolute authority within the kingdom. His diadem was reworked to include arches in 1532, which were re-added when it was reconstructed in 1540 in what remains the Crown of Scotland. The idea of imperial monarchy emphasised the dignity of the crown and included its role as a unifying national force, defending national borders and interests, royal supremacy over the law and a distinctive national church within the Catholic communion.A. Thomas, "The Renaissance", in T. M. Devine and J. Wormald, eds, ''The Oxford Handbook of Modern Scottish History'' (Oxford: Oxford University Press, 2012), , p. 188. New monarchy can also be seen in the reliance of the crown on " new men" rather than the great magnates, the use of the clergy as a form of civil service, developing standing armed forces and a navy.

Major intellectual figures in the Reformation included George Buchanan (1506–82), whose works ''De Jure Regni apud Scotos'' (1579) and ''Rerum Scoticarum Historia'' (1582) were among the major texts outlining the case for resistance to tyrants. Buchanan was one of the young James VI's tutors and although they succeeded in producing a highly educated Protestant prince, who would publish works on subjects including government, poetry and witchcraft, they failed to intellectually convince him of their ideas about limited monarchy and he would debate with Buchanan and others over the status of the crown and kirk.Thomas, "The Renaissance", pp. 200–2. James asserted the concept of " Divine right", by which a king was appointed by God and thus gained a degree of sanctity. These ideas he passed on to Charles I, whose ability to compromise may have been undermined by them, helping to lead to his political difficulties. When he was executed in 1649, the Scottish Covenanters objected, but avoided advancing the sanctity of kings as a reason. In 1689, when the Scottish Estates had to find a justification for deposing James VII they turned to Buchanan's argument on the contractual nature of monarchy in the Claim of Right.M. Lynch, ''Scotland: A New History'' (Pimlico, 1992), , p. 302.

Court

The royal court consisted of leading nobles, office holders, ambassadors and supplicants who surrounded the king or queen. At its centre was the monarch and members of the Privy Chamber. Gentleman of the chamber were usually leading nobles or individuals with kinship links to the leading noble families. They had direct access to the monarch, with the implication of being to exert influence, and were usually resident at the court.J. Goodacre, ''The Government of Scotland, 1560–1625'' (Oxford: Oxford University Press, 2004), , pp. 88–9. Although increasingly based at the royal palace of Holyrood in Edinburgh, the monarch and the court were often itinerant, spending time at one of the royal palaces, such as Linlithgow, Stirling and Falkland, or undertaking a royal progress or "justice ayre" to a part of the kingdom to ensure that the rule of law, royal authority or smooth government was maintained.

In the sixteenth century, the court was central to the patronage and dissemination of Renaissance works and ideas. It was also central to the staging of lavish display that portrayed the political and religious role of the monarchy. This display was often tied up with ideas of chivalry, which was evolving in this period from a practical military ethos into a more ornamental and honorific cult. Tournaments provided one focus of display and were also pursued enthusiastically by James V, proud of his membership of international orders of knighthood. During her brief personal rule Mary, Queen of Scots brought many of the elaborate court activities that she had grown up with at the French court, with balls, masques and celebrations, designed to illustrate the resurgence of the monarchy and to facilitate national unity.Thomas, "The Renaissance", pp. 192–3. Under James VI the court returned to being a centre of culture and learning and he cultivated the image of a philosopher king, evoking the models of David, Solomon and Constantine. Court spectacles included the coronation of Anne of Denmark and the baptism of Prince Henry.Thomas, "The Renaissance", p. 200. After James VI inherited the English throne in 1603 the Scottish court effectively ceased to exist, ending its role as a centre of artistic patronage, political display and intrigue.R. Mitchison, ''Lordship to Patronage, Scotland 1603–1745'' (Edinburgh: Edinburgh University Press, 1983), , p. 12.

Officers of state

The Chancellor was effectively the first minister of the kingdom. His department, the chancery, was responsible for the Great Seal, which was needed to process the inheritance of land titles and the confirmation of land transfers. His key responsibility was to preside at meetings of the privy council, and on those rare occasions he attended, at meetings of the court of session.Goodacre, ''The Government of Scotland, 1560–1625'', pp. 150–1. The second most prestigious office was the Secretary, who was responsible for the records of the Privy council and for foreign policy, including the borders, despite which the post retained its importance after the Union of Crowns in 1603.Goodacre, ''The Government of Scotland, 1560–1625'', p. 151. The Treasurer was the last of the major posts and, with the Comptroller, dealt with the royal finances until the Comptroller's office was merged into the Treasurer's from 1610.Goodacre, ''The Government of Scotland, 1560–1625'', p. 152.

The Lord President of the Court of Session, often known simply as the Lord President, acted as a link between the Privy Council and the Court.Goodacre, ''The Government of Scotland, 1560–1625'', p. 160. The king's advocate acted as the legal council. The post emerged in the 1490s to deal with the king's patrimonial land rights and from 1555 there were usually two king's councillors, indicating the increase in the level of work. From 1579 they increasingly became a public prosecutor.Goodacre, ''The Government of Scotland, 1560–1625'', p. 164. After the union most of the offices remained, but political power was increasingly centred in London. John Ker, 1st Duke of Roxburghe, became the first Secretary of State for Scotland until the post was abolished in 1746 after the Jacobite Rising of 1745.

Privy council

The Privy Council developed out of the theoretically larger king's or queen's council of leading nobles and office holders in the sixteenth century. "Secret Councils" had been maintained during the many regencies of the later medieval era, but the origins of the Privy Council were in 1543, during the minority of Mary, Queen of Scots. After her majority it was not disbanded, but continued to sit and became an accepted part of government.Goodacre, ''The Government of Scotland, 1560–1625'', pp. 35 and 130. Until 1707, while in session in Edinburgh, the Privy Council met in what is now the West Drawing Room at the Palace of Holyroodhouse. When the monarch was at one of the royal palaces or visiting a region of the kingdom on official business, the council would normally go with them and as a result of being away from its servants, records and members, its output tended to decrease. While the monarch was away on a holiday or hunting trip, the council usually stayed in session in Edinburgh and continued to run the government.Goodacre, ''The Government of Scotland, 1560–1625'', p. 141.

The Privy Council's primary function was judicial, but it also acted as a body of advisers to the king and as a result its secondary function was as an executive in the absence or minority of the monarchy. Although the monarch might often attend the council, their presence was not necessary for the council to act with royal authority. Like parliament, it had the power to issue acts that could have the force of law.Mitchison, ''Lordship to Patronage, Scotland 1603–1745'', p. 15. After James VI's departure to England in 1603, it functioned as a subservient executive carrying out his instructions from London. Although the theoretical membership of the council was relatively large, at around 30 persons, most of the business was carried out by an informal inner group, consisting mainly of the officers of state. Before 1610 the council was presided over by the Lord Chancellor, but in 1610 James VI decreed that the President of the College of Justice should preside in the Chancellor's absence, and by 1619 the additional title of President of the Privy Council had been added. The two presidencies were separated in 1626 as part of Charles I's reorganisation of the Privy Council and Court of Session. The Lord President of the Council was accorded precedence as one of the King's chief officers in 1661. After the Restoration, Charles II nominated his own privy councillors and set up a council in London through which he directed affairs in Edinburgh, a situation that continued after the Glorious Revolution of 1688–89. The council was abolished after the Act of Union on 1 May 1708.

Parliament

In the sixteenth century, parliament usually met in Stirling Castle or the Old Tolbooth, Edinburgh, which was rebuilt on the orders of Mary Queen of Scots from 1561. King Charles I ordered the construction of Parliament Hall, at the expense of the Edinburgh burgesses, which was built between 1633 and 1639 and remained the parliament's home until it was dissolved in 1707. By the end of the Middle Ages the Parliament had evolved from the King's Council of Bishops and Earls into a 'colloquium' with a political and judicial role. The attendance of knights and freeholders had become important, and burgh commissioners joined them to form the Three Estates. It acquired significant powers over particular issues, including consent for taxation, but it also had a strong influence over justice, foreign policy, war, and other legislation, whether political, ecclesiastical