commissioners of counties, and eight burgesses, and
without the previous consent of the thirty-two, who were denominated
lords of articles, no motion could be made in parliament. As the bishops
were entirely devoted to the court, it is evident, that all the lords of
articles, by necessary consequence, depended on the king's nomination;
and the prince, besides one negative after the bills had passed through
parliament, possessed indirectly another before their introduction; a
prerogative of much greater consequence than the former. The bench
of bishops being now abolished, the parliament laid hold of the
opportunity, and totally set aside the lords of articles: and till this
important point was obtained, the nation, properly speaking, could not
be said to enjoy any regular freedom.[*]
It is remarkable that, notwithstanding this institution, to which there
is no parallel in England, the royal authority was always deemed much
lower in Scotland than in the former kingdom. Bacon represents it as
one advantage to be expected from the union, that the too extensive
prerogative of England would be abridged by the example of Scotland, and
the too narrow prerogative of Scotland be enlarged from the imitation of
England. The English were at that time a civilized people, and obedient
to the laws; but among the Scots it was of little consequence how the
laws were framed, or by whom voted, while the exorbitant aristocracy had
it so much in their power to prevent their regular execution.
The peers and commons formed only one house in the Scottish parliament:
and as it had been the practice of James, continued by Charles, to
grace English gentlemen with Scottish titles, all the determinations of
parliament, it was to be feared, would in time depend upon the prince,
by means of these votes of foreigners, who had no interest or property
in the nation. It was therefore a law deserving approbation, that no man
should be created a Scotch peer, who possessed not ten thousand marks
(above five hundred pounds) of annual rent in the kingdom.[**]
A law for triennial parliaments was likewise passed; and it was
ordained, that the last act of every parliament should be to appoint the
time and place for holding the parliament next ensuing.[***]
* Burnet, Mem.
** Burnet, Mem.
*** Burnet, Mem.
The king was deprived of that power formerly exercised of issuing
proclamations which enjoined obedience under the penalty of treaso
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