Government in early modern Scotland

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.

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.

[1] 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.

[6] 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.

[10] 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.

[3] 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.

[12] 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.

[19] 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.

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.

[24] 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.

[27][28] 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, social or economic.

[29] Like many continental assemblies the Scottish Parliament was being called less frequently by the early sixteenth century and might have been dispensed with by the crown had it not been for the series of minorities and regencies that dominated from 1513.

It had been used by James V to uphold Catholic orthodoxy[32] and asserted its right to determine the nature of religion in the country, disregarding royal authority in 1560.

Their position in the parliament remained uncertain and their presence fluctuated until the 1428 act was revived in 1587 and provision made for the annual election of two commissioners from each shire (except Kinross and Clackmannan, which had one each).

[34] A further group appeared in the Parliament from the minority of James IV in the 1560s, with members of the Privy Council representing the king's interests, until they were excluded in 1641.

James VII's parliament supported him against rivals and attempted rebellions, but after his escape to exile in 1689 William's first parliament was dominated by his supporters and, in contrast to the situation in England, effectively deposed James under the Claim of Right, which offered the crown to William and Mary, placing important limitations on royal power, including the abolition of the Lords of the Articles.

A new tax on annual rents amounting to five per cent on all interest on loans, mainly directed at the merchants of the burghs was introduced in 1621, but the 1621 levy was still being collected over a decade later.

[43] Under Charles I the annual income from all sources in Scotland was under £16,000 sterling and inadequate for the normal costs of government, with the court in London now being financed out of English revenues.

[44] The sum of £10,000 a month from the county assessment was demanded by the Cromwellian regime, which Scotland failed to fully supply, but it did contribute £35,000 in excise a year.

He sent colonists from Fife to parts of the region and forced the Highland chiefs to accept Lowland language and culture through the Statues of Iona of 1609.

[52] It was able to cope with the general level of poverty and minor crises, helping the old and infirm to survive and provide life support in periods of downturn at relatively low cost, but was overwhelmed in major subsistence crisis like that of the "seven ill years" of the 1690s.

They were held at the behest of the local baron when there was a backlog of cases and could appoint birleymen, usually senior tenants, who would resolve disputes and issues.

The combination of kirk sessions and courts baron gave considerable power to local lairds to control the behaviour of the populations of their communities.

[55] Under James IV the legal functions of the council were rationalised, with a royal Court of Session meeting daily in Edinburgh to deal with civil cases.

The Court of Session placed increasing emphasis on its independence from influence, including from the king, and superior jurisdiction over local justice.

[55] In 1605 the professionalisation of the bench led to entry requirements in Latin, law and a property qualification of £2,000, designed to limit the danger of bribery, helping to create an exclusive, wealthy, powerful and professional caste, who also now dominated government posts in a way that the clergy had done in the Middle Ages.

Skene produced an edition of the Acts of Parliament and a legal dictionary, De Verborum Significatione and edited Regiam Maisestatem, a history of the Scottish law, which attributed much of its creation to David I. Thomas Craig of Riccarton (c. 1538–1608) produced two large works, Jus Feudale, which examined feudal law, and De Unione Regnorum Britanniae, which explored the possibilities of unifying the English and Scottish legal systems.